- (1.)Shri. Narayanan Nair, Headmaster of Nadavannur High School under the management of the 1st petitioner retired from service on 1-7-92 on superannuation. He was granted special leave on full pay from 1-6-92 in the light of the provisions contained under R.63 of Chap.14A Kerala Education Rules. The question arising for consideration in this original petition is whether vacancy in the post of Headmaster arose in the school on 1-6-92 or 1 7-92. The claim put forward by the 2nd petitioner and the 4th respondent for promotion to the post of Headmaster will have to be considered in the light of the answer to the above question. Both of them have not acquired the test qualification necessary for promotion to the post of Headmaster. But the 4th respondent would acquire the eligibility for exemption on 14-4-90 on completion of 50 years of age, whereas the 2nd petitioner would get such exemption only on 1-7-92. Therefore, if the vacancy in the post of Headmaster is taken to have arisen on 1-6-92, the 2nd petitioner will not be entitled to claim the same, as he was not qualified with the help of an exemption on that day even though he is senior to the 4th respondent. On the other hand, the 4th respondent who has already acquired exemption from test qualification as on 1- 6-92 could claim promotion. The 1st petitioner, manager took the view that the vacancy had arisen only on 1-7-92 and on that basis the 2nd petitioner was promoted. The above view was not accepted by the authorities and the appointment of the 2nd petitioner was not approved. The orders' passed by the District Educational officer Exts. P1 and P2, and the orders passed by the Dy. Director Ext. P5 and the Director of Public Instruction Ext. P7 are under challenge in this, original petition.
(2.)Reliance is placed by the District Educational Officer on a Circular dated 1- 7-79 issued by the Director of Public Instruction while coming to the conclusion that the vacancy had arisen on 1-6-92. He has also taken the view that since the Headmaster ceased to be on active duty with effect from 1-6-92 as per the provisions contained under R.63 Chap.14A of K.E.R., it should be taken that vacancy of the Headmaster had arisen in the school on 1-6-92. The same reasoning has been followed by the Deputy Director of Education. But unfortunately no reason has been given by the Director of Public Instruction in Ext. P7 for affirming the views taken by the D.E.O. and the Dy. Director.
(3.)In the statement filed on behalf of the 1st respondent in this original petition, reference is made to the provisions contained under R.63 of Chap.14A K.E.R. and also to the Circular dated 1-7-79. Copy of the Circular is produced as Annexure A. In the counter affidavit filed on behalf of the 4th respondent reliance is placed on a decision of this court in Ponnamma v. Government of Kerala ( 1991 (2) KLT 344 ) in support of the contention that the vacancy had arisen on 1-6-92.
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