K.V. RAMAKRISHNAN, THE MANAGER, S.N.V. SANSKRIT HIGHER SECONDARY SCHOOL Vs. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
LAWS(KER)-2003-2-104
HIGH COURT OF KERALA
Decided on February 24,2003

K.V. Ramakrishnan, The Manager, S.N.V. Sanskrit Higher Secondary School Appellant
VERSUS
The State Of Kerala, Represented By The Secretary To Government, General Education Department, Respondents

JUDGEMENT

Jawahar Lal Gupta, J. - (1.) DOES a teacher have an indefeasible right to be appointed as the Headmaster/Principal of the School merely on the basis of his seniority? Can the State Education Department compel the School Manager of an aided school to appoint the senior most teacher as the head of the Institution despite the fact that Criminal cases involving moral turpitude are pending against him? Primarily, these are the issues that arises in this bunch of cases.
(2.) THE post of Principal, S.N.V. Sanskrit Higher Secondary School, North Parur, is the bone of contention. The primary contestants are Mr. P.K. Ramachandran Nair (referred to as the petitioner) and Mr. M.V. Shaji (the sixth respondent). The contest between the two has led to these eight cases. Learned counsel for the parties are agreed that the facts as given in O.P. No. 28843 of 2002 may be noticed. The petitioner was appointed as a High School Assistant on July 15, 1976. He has continued to hold that this post. In the seniority list reflecting the position as on January 1, 2001, he is shown to be the senior most teacher in the school.
(3.) ON April 1, 2002, the post of Headmaster in the School was likely to fall vacant on the retirement of the original incumbent. On March 22, 2002, the Deputy Director sent a communication to the Manager. He directed that the post be filled up according to seniority. A copy of this communication has been produced as Ext. P4. In anticipation of the coming events, the petitioner staked his claim. He submitted a representation dated March 28, 2002, claiming that he was entitled to be appointed as Headmaster on the retirement of the incumbent on March 31, 2002. However, the petitioner's request was not accepted. Vide order dated April 1, 2002, Mr. Shaji, the 6th respondent, was appointed as the Principal of the School. A copy of the order is Ext.P2. The case was forwarded to the District Educational Officer for approval. The petitioner submitted a representation challenging the validity of the order. His challenge was accepted by the District Educational Officer vide order dated May 17, 2002. A copy of the order has been produced as Ext. P5.;


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