CHACKO M. C. Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) THESE two writ appeals are interlinked and are disposed of by this common Judgment M. C. Chacko filed O. P. No. 2333 of 1989, wherein Aleyamma Sebastian (petitioner in O. P. No. 31,74 of 1989) was third respondent. Similarly, in the Original Petition filed by Aleyamma Sebastian, Chacko was fifth respondent,

(2.) ALEYAMMA Sebastian is an under-graduate teacher. Chacko is a graduate with B. Ed. degree. Post of Headmastership of Tharakkal A. U. P. School (hereinafter referred to as the institution) fell vacant on 1st April 1988. Chacko had completed 5 years after acquisition of graduation. But he had not completed 5 years after acquisition of B. Ed. degree. R.45 of Chapter XIV-A of Kerala Education Rules, 1959 (in short, the Rules) framed under Kerala Education Act, 1958 (in short, the Act) was amended with effect from 10th January 1989. After amendment, qualification prescribed is that one should have 5 years experience after acquisition of B. Ed. degree. R.45, as it stood before amendment, provided that when the post of Headmaster of complete U. P. school is vacant or when an incomplete U. P. school becomes a complete U. P. school, the post shall be filled up from among qualified teachers on the staff of school or schools under educational agency, and if there is a graduate teacher with B. Ed. or other equivalent qualification and who has got at least 5 years experience ia teaching after acquisition of B. Ed. degree, he may be appointed as Headmaster, provided he has got a service equal to half of the period of service of the senior most undergraduate teacher. It further stated that if graduate teachers with aforesaid qualification and service are not available in school or schools under same educational agency, senior most primary school teacher with S. S. L. C. or equivalent and T. T.C. issued by Board of Public Examination, Kerala or T.C.H. issued by Karnataka Secondary Education Examination Board, Bangalore or a pass in Pre degree examination with Pedagogy as an elective subject conducted by University of Kerala or any other equivalent training qualification prescribed for appointment as Primary School Assistant may be appointed. Amendment was made with effect from 10th January 1989, and after that, the expression "after acquisition of B. Ed. degree" was substituted for the expression "after graduation". In view of amendment, position is that one should have five years experience after acquisition of B. Ed. degree. Educational authority selected Aleyamma Sebastian for appointment. She filed O. P. No. 3174 of 1989 for enforcement of said decision. In O. P. No. 2333 of 1989, Chacko challenged the order in favour of Aleyamma Sebastian.

(3.) THE two writ appeals have been filed by Chacko questioning correctness of said conclusion. Stand of counsel for appellant is that the S. R. O. itself said that it shall come into force at once and, therefore, cannot be treated to have retrospective nature. There is nothing to show that amendment was intended to have retrospective operation and for removal of doubts. With reference to the Explanatory Note, learned counsel for Aleyamma Sebastian submitted that it was clearly stated therein that in order to remove doubts, above amendment was made.