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1990 Supreme(Ker) 83

V.SIVARAMAN NAIR
Rajan Pillai – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. R.6(viii) of Chapter V of the Kerala Education Rules requires that every application shall be accompanied by

"an agreement duly executed by the applicant to the effect that he is prepared to absorb qualified teachers/non-teaching staff who, after putting in service of 2 years and drawing 2 vacation salaries, have been retrenched from any of the aided high schools in the Education district or aided primary schools in the Education Sub-district in which the applicant proposes to open/ upgrade the school".

2. Petitioner was an applicant for permission to open a new High School. The first respondent sanctioned his application for the academic year 1984-85 in G.O.Ms.143/84/G. Edn. dated 30-7-1984. The District Educational Officer in Ext.P1 order dated 24-11-1984 accorded formal sanction for opening Standard VIII in the new School with effect from 21-11-1984, "as the Manager has satisfied all the conditions in the G.O. cited as 1st paper above".

3. Petitioner submits, that one of the conditions which he has complied with is the execution of the agreement mentioned in R.6(viii) of Chapter V of the Kerala Education Rules (hereinafter to be referred to as the Rules). He also ap











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