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2000 Supreme(Ker) 501

K.A.ABDUL GAFOOR
Padmakumar – Appellant
Versus
Director of Public Instruction – Respondent


Judgment :-

K.A. Abdul Gafoor, J.

There were nine posts of High School Assistants during the year 1997-98 in the aided school managed by the third respondent. The subjectwise distribution of these posts were, three for Social Science, three for Mathematics and three for General Science. Among the General Science teachers, there were two physical Science teachers and one Natural Science teacher. During the next year viz. 1998-99, because of reduction in number of pupils, one division in Standard X was reduced. Only 8 class divisions were sanctioned for the High School Section with 8 posts of High School Assistants. Then going by the circular issued by the Director of Public Instruction under R.1(i) of Chapter XIVA K.E.R.,prescribing the subject ratio, subjectwise distribution of the teachers shall be, two for Social Studies, three for Mathematics, two for Physical Science and one for Natural Science. One among the Physical Science teachers proceeded on leave for five years. That vacancy was filled up by appointing the petitioner on 1.6.1998. The petitioner is a Physical Science graduate with B.Ed. There were two posts for that subject, but there was only one incumbent when the other


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