Koshy, J.

Rules, 1959 (hereinafter referred to as K.E.R.) are governing the Aided Private Schools. Special Rules are framed for Government Schools. At the time when the Kerala Education Act was passed, in the schools for general education there were two categories, primary, which consists of standard I to VII, and secondary, which consists of standards VII to XI, as can be seen from Chapter 11 K.E.R. When national education policy was implemented making school education as 10+2, the 11th standard was taken away from the High School and Pre-degree course of two years was started in colleges. However, as an experimental measure in 55 schools Higher Secondary section was started as standards XI and XII, commonly called Plus Two course. When the Higher Secondary section was started there was no statutory rules framed for the qualification of teachers, Principal, etc. By Government Order dated 12-9-1991 when sanction was accorded to start Higher Secondary course in 55 High Schools, the names of the schools were stated as Higher Secondary Schools and post of Headmaster was redesignated as Principal and they were given a special allowance of Rs.250, considering their additional work. In Government Order, G.O.(Ms.) No.138/90/G.Edn., dated 27-6-1990, it is stated as follows:

"(xiii) Staff-Principal-The Headmasters of the schools selected will function as Principals for the time being. They will be given a special pay of Rs.250 p.m. for the additional work. No scale of pay will be prescribed for the post of Principals till rules are framed for regular recruitment."

The above would show that it was only an arrangement on provisional and ad hoc basis for the time being. It is not disputed that the State Government has power to issue administrative orders governing service conditions of the employees, in the absence of any statutory provisions governing the field, especially to handle special situations. Later by Pre-degree course (Abolition) Act, 1997 it was decided to abolish Pre-degree Act delinking the above course from the colleges and start Higher Secondary Schools attached with High Schools in State. Accordingly, by S.R.O.No.238/1997, dated 2-4-1997, applications were invited by the Government for starting Higher Secondary Schools from the Managers of the concerned High Schools and in the case of Government Schools from the Headmasters. Finally, Pre-degree course was abolished and large number of Higher Secondary Schools were established. Appointment of teachers in the Higher Secondary Schools were also done on the basis of ad hoc orders. The ad hoc placement of Principals also continued by giving Headmasters an additional amount of Rs.250 per month, considering their additional responsibility.

2. The Supreme Court in M.M. Dolichan and others v. State of Kerala and others (2001) 1 S.C.C. 151 directed the Government to frame rules regarding qualification, method of appointment of teachers etc. in Higher Secondary Schools, within three months. The Supreme Court also directed that if for any unforeseen circumstances the statutory rules cannot be notified and recruitment of teachers is necessitated, they should get specific permission from the Supreme Court. Certain categories of teachers appointed already were protected by the Supreme Court. On the basis of the direction of the Apex Court, statutory rules were framed and incorporated as Chapter XXXII, which was published in the Gazette on 12-11-2001. Special Rules for the Kerala Higher Secondary Education State Service were already published by notification dated 16-4-2000. Therefore, after framing of the statutory rules, the ad hoc Government Orders came to an end.

3. As per the recruitment rules, a Higher Secondary School Teacher should have Postgraduate Degree apart from B.Ed. Degree and SET qualification. A High School Headmaster need not possess Postgraduate Degree or SET qualification. Therefore, the minimum qualification required for even a junior Higher Secondary School