Jawahar Lal Gupta, C.J. (Oral)

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 arise 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.

3. The petitioner was appointed as a High School Assistant on July 15,1976. He has continued to hold 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.

4. On April 1,2002, the post of Headmaster in the School was likely to fall vacant