K.P. JOHN Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The appeal is by the 5th Respondent against the judgment of a learned Judge who allowed the writ petition to quash Exts. P4, P5 and P7 orders. Ext. P4 order is by the Assistant Educational Officer. Mala recognising the appointment of the writ petitioner as Headmaster of St. Mary's L. P. S. Koratty. That order was confirmed on appeal by the District Educational Officer, Irinjalakuda and was sustained again by the Government on further revision by Ext. P7 order. The learned Judge quashed these orders as not warranted by, and indeed as inconsistent with, the provisions of the Kerala Education Act and the Rules framed thereunder.

(2.) The gist of the controversy is as follows:

(3.) When the post of Headmastership fell vacant, by Ext. P4 proceedings, the Assistant Educational Officer declined approval of the Writ Petitioner (5th Respondent herein) in view of Ext. PI proceedings of the Director of Public Instruction of the erstwhile Cochin State, which had permanently debarred and forfeited the 5th Respondent's claim for Headmastership. Ext. PI proceedings passed long prior to the Kerala Education Act and the Rules record that the 5th Respondent had evaded his responsibility as Headmaster and therefore he would lose his claim for the post of Headmaster at any time in future. On appeal against Ext. P4 order, the District Educational Officer endorsed the stand of the Assistant Educational Officer and further remarked in Ext. P5 that the 5th Respondent admitted that he had not filed any appeal against Ext. PI order. It is further noted in Ext. P5 that the 5th Respondent admitted that he was transferred from P. S. U. P. S. Thirumudikunnu mutually with one T. V. Leela in 1964 when the two schools were under separate managements and that according to the Rules in the Kerala Education Rules he then became the juniormost teacher in the category in H. M. L. P. S. Thirumudikunnu and he would have no right to claim seniority over anyone else in the same category who were on the rolls of the H. M. L. P. S. Thirumudikunnu before his transfer to that school. On these grounds Ext. P4 order was affirmed. The Revisional Authority concurred with these orders in Ext. P7 order.