The main legal point established in the judgment is the interpretation of the qualifications required for the appointment of a Headmaster as outlined in R.45 of Chapter XIV-A of the K.E.R.

K.S. Radhakrishnan, J.

W.A. Nos. 1831 and 2553 of 2000 are filed by the Manager of the AMUP School, Perumannur, Malappuram District, against the judgment in O.P. Nos. 21992 of 2000 and 28180 of 2000 respectively. Fifth respondent in O.P. No. 21992 of 2000 filed W.A. No. 1935 of 2000 which is filed against the judgment in O.P. No. 19434 of 2000. For disposal of these cases, we may narrate the facts as we get in O.P. No. 21992 of 2000, against the judgment of which W.A. No. 1831 of 2000 is filed.

2. The question involved in these cases is with regard to appointment of Headmaster in AMUP School, Perumannur, Malappuram District, in the retirement vacancy which arose on 1.5.1999. Respondents 5 and 6 were the rival claimants for the said posts. The Manager appointed the fifth respondent, Sri. K. Sethumadhavan, as Headmaster of the School vide Ext. P1 order dated 1.5.1999. Appointment was approved by the Assistant Educational Officer vide his order dated 14.10.1999 with effect from 1.5.1999 onwards. Aggrieved by the appointment of the fifth respondent, sixth respondent filed a petition before the Assistant Educational Officer. It was pointed out by the sixth respondent before the Assistant Educational Officer that the fifth respondent was not qualified to be appointed to the post of Headmaster. Assistant Educational Officer accepted the complaint of the sixth respondent and rejected the appointment of the fifth respondent as Headmaster of the School. Aggrieved by the same, the Manager filed appeal before the District Educational Officer, who by order dated 1.10.1999 allowed the appeal". Aggrieved by the same, the sixth respondent filed a Revision Petition before the Addl. Director of Public Instruction, who vide his order dated 22.2.2000 rejected the Revision Petition. Sixth respondent then preferred a Revision Petition before the Government, and the Government vide order dated 23.6.2000 allowed the Revision Petition filed by the sixth respondent, holding that sixth respondent was the rightful claimant for the post of Headmaster. Aggrieved by the said order, Manager has preferred O.P. No. 21992 of 2000. The fifth respondent filed O. P. No. 19434 of 2000. Learned Single Judge confirmed the order of the Government, Ext. P9, against which appeals have been preferred.

3. When the matter came up for hearing, we heard counsel for the appellant in W. A. No. 1831 and 2553 of 2000, Sri. C.P. Sudhakara Prasad, counsel for the appellant in W.A. No. 1935 of 2000, Sri. Asok M. Cherian, counsel for the sixth respondent, Sri. P.C. Sasidharan, and the learned Government Pleader, Sri. C.K. Pavithran. The post of Headmaster fell vacant on 1.5.1999 in the AMUP School, Perumannur, Malappuram District R.45 of Chapter XIV-A of the K.E.R. deals with qualification for appointment to the post of Headmaster in a U.P. School, which is extracted below for easy reference:

45. Subject to R.44, when the post of Headmaster of complete U.P. School is vacant or when an incomplete U.P. School becomes a complete U.P. School the post shall be filled up from among the qualified teachers on the staff of the School or Schools under the Educational Agency. If there is a Graduate teacher with B.Ed, or other equivalent qualification and who has got at least five years experience in teaching after acquisition of B.Ed. Degree, he may be appointed as Headmaster, provided he has got a service equal to half of the period of service of the senior most undergraduate teacher. If graduate teachers with the aforesaid qualification and service are not available in the School or Schools under the same Educational Agency, the senior most Primary School teacher with SSLC or equivalent and TTC issued by the Board of Public Examination, Kerala, or T.C.H. issued by the Karnataka Secondary Education Examination Board, Bangalore, or a pass in Pre-degree Examination with Pedagogy as an elective subject conducted by the University of Kerala, or any other equivalent training qualification