SOUMINI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is an Upper Primary School Assistant teacher (UPS a) in Orkkatteri Noth Upper Primary School , Chombala in Vatakara Education District. THE school is an aided school governed by the kerala Education Act (in short 'the Act') and the Kerala Education Rules (the ker ). As she had acquired the qualifications of B. A. and B. Ed. , she was regularly appointed with approval as UPSA of the school. THE petitioner acquired the obligatory test qualification mandated in R. 45b (1) of Chapt XIV A of the KER for promotion to the post of Headmaster of the school under R. 45 of chapter XIVA of the KER. While she was working there, a vacancy of Headmaster arose on 1. 6. 1994. According to the petitioner, she is the rightful claimant for appointment as Headmaster. But the 5th respondent was appointed as the headmaster. Hence the dispute in this case is in respect of the preferential right of the petitioner to be promoted as Headmaster of the School. THE petitioner has filed this Original Petition for a writ of certiorari quashing ext. P2 order of the A. E. O. and to declare that the petitioner is duly entitled to be promoted as headmaster of the school with effect from 1. 6. 94 and approval of the 5th respondent as Headmaster is void and to direct the A. E. O. to approve the appointment of the petitioner as Headmaster.

(2.) THE 3rd respondent filed a counter affidavit contending that the Manager on arising a vacancy of Headmaster has promoted the 5th respondent as he was working as Physical Education teacher, with effect from 1. 6. 94 and the said appointment was duly approved. At the time of appointment as Headmaster, he was having B. A. and B. Ed, and pass in Account test (Lower ). As per the combined seniority list of staff working in the school, the 5th respondent's rank No. is 8 and the petitioner's rank No. is 11. Originally, when he was appointed as Physical Education Teacher, he has only passed SSLC and obtained a certificate in Physical Education. Subsequently, he acquired B. A. Degree in 1978 and B. Ed. Degree in 1982. He has passed Account test (Lower) in 1988. THE petitioner was appointed as U. P. School Assistant from 15. 7. 75 onwards with qualification of B. A. and B. Ed. She passed Account test (Lower) in 1991. 5th respondent also filed a counter supporting the contentions of the 3rd respondent.

(3.) LEARNED counsel appearing for the 5th respondent submitted that the 5th respondent is entitled to the benefit of note under r. 45. As per the note of R. 45, the language/ specialist teachers, according to their seniority in the combined seniority list of teachers, shall also be appointed as Headmaster. Hence a Physical Education Teacher is also entitled to be promoted if he satisfies the conditions in R. 45. Admittedly, the 5th respondent is senior to the petitioner and he has got service nearly half of the period of service of the seniormost undergraduate teacher.