SAMBASIVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The post of Headmaster fell vacant in the School of the 2nd respondent on 1.6.1998. The 2nd respondent appointed the 5th respondent as Headmaster. The 3rd respondent as per Ext. P3 order declined to approve the above appointment and directed to consider the request of the petitioner to be appointed as Headmaster. On revision, the 1st respondent reversed Ext. P3 order and directed to approve the appointment of the 5th respondent as Headmaster.

(2.) Sri. P. K. Asokan, learned counsel appearing for the petitioner confined his argument to only one point, namely, 5th respondent is not qualified to be appointed as Headmaster because the 5th respondent is having only a B.Ed. Degree from Annamalai University under correspondence course. For the above purpose, the learned counsel relied on the Explanation to R.44A of Chap.14(A) of the Kerala Education Rules which is as follows:

(3.) On the other hand, the learned counsel appearing for the 5th respondent submitted that as per Ext. R2(a) eligibility certificate issued by the University of Kerala, the B.Ed. qualification possessed by the 5th respondent from the Annammalai University has been recognised as equivalent to B.Ed. Degree of the Kerala University. Sri. V. A. Muhammed, learned counsel appearing for the 5th respondent also invited my attention to R.2 of Chap.31 of the K.E.R. which deals with the qualifications for various posts in High Schools. The qualifications prescribed for Headmaster under the above Rule are as follows: A degree in Arts or Science and B.Ed./B.T./L.T., conferred or recognised by the Universities in Kerala. Thus according to him, the Degree obtained by the 5th respondent has been recognised by the Kerala University. Thus she satisfies the qualifications prescribed by the Rules. The learned counsel also invited my attention to R.45 of Chap.14A of the K.E.R. which deals with qualification of Headmaster of U.P. Schools. In the above Rule, it was specifically mentioned that if there is a graduate teacher with B.Ed. or other equivalent qualification and who has got at least 5 years experience in 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 seniormost undergraduate teacher. R.44A(1) prescribes 12 years of continuous graduate service for appointment as Headmaster, in Aided Complete High Schools/Training Schools. Graduate service mentioned in the above Rule is explained as Graduate service of a teacher as H.S.A., Training Schools Assistants, Headmaster of an incomplete High School, Headmaster of a complete Upper Primary School etc. after acquisition of collegiate training as B.T., L.T. or B.Ed. Therefore, the Explanation does not substantially alter the qualifications prescribed in R.2 Chap.31 of the K.E.R. which mentions the qualifications of B.A. and B.Ed. as conferred or recognised by the Universities in Kerala. R.44A of Chap.14A does not indicate that the above qualification has not been recognised as such for appointment as Headmaster. The word after acquisition of collegiate training as B.T., L.T. or B.Ed., has been used only to count the graduate service. From that it cannot be inferred that the degree of B.Ed. must be obtained after undergoing study in a college and not by undergoing correspondence course. In this connection it is also pointed out by respondents 2 and 5 that the 5th respondent was appointed as H.S.A. considering her qualification of B.Ed. obtained from Annamalai University for appointment as H.S.A. There was no objection to the appointment of the 5th respondent as H.S.A. with the above qualifications by the Educational authorities. I do not find any justification to hold that the word after acquisition of collegiate training as B.T., L.T. or B.Ed. etc. will disentitle the 5th respondent from being appointed as Headmaster. Therefore, the Original Petition fails and is dismissed.