A teacher transferred under Rule 11 of Chapter XIV-A of the Kerala Education Rules cannot count service rendered before the transfer for the purpose of earning eligibility for appointment as Headmaster under Rule 45 in the transferred school.

1. This appeal is by the Manager and his son who are aggrieved by the judgment rendered by the learned single judge in O.P.No.4599 of 1987 after the attempts of the father have failed in securing induction of the son, the 2nd appellant, as the Headmaster of the school in preference to the senior most teachers in the school, respondents 2 and 3. The 2nd appellant was a graduate teacher working in a school under another educational agency. He had put in 18 years of service there. He had five years of experience after graduation. He sought transfer to the school in question namely, A.U.P. School, Vellayur, of which the first appellant is the Manager, under R.11 of Chapter XIVA of the Kerala Education Rules, hereinafter referred to as the Rules. The said rule enables transfer of a teacher serving in a school under an Educational Agency to a school under another educational agency with the previous approval of the District Educational Officer and the agreement between the two educational agencies and the teacher concerned in writing. Two days after the appellant was transferred under R.11 of Chapter XIV-A of the Rules to the A.U.P. School, the vacancy of a Headmaster arose. The second appellant was appointed by his father, the first appellant, as the Headmaster which was not approved by the Assistant Educational Officer and the order of the Assistant Educational Officer was confirmed by the District Educational Officer. On further revision, the Director of Public Instruction set aside the orders of the lower authorities and the appointment of the 2nd appellant as Headmaster was approved. On further revision by respondents 2 and 3 to the State Government under R.92 of Chapter XIV-A of the Rules, the State Government set aside the orders of the Director of Public Instruction and restored the orders of the Asst. Educational Officer and the District Educational Officer. It is in this background that the appellants came to this Court in O.P.Na.4599 of 1987. The learned single judge having dismissed the said original petition, they have come up with this appeal.

2. The second appellant actually came to the A.U.P. School as a result of transfer under R.11 of Chapter XIV-A of the Rules on 29-6-1984 and he came to be appointed as Headmaster by his father, the 1st appellant, with effect from 1-7-1984. It is not disputed that on the relevant date on which the vacancy occurred and also on the date on which the post was filled up there was no graduate teacher available in the school other than the appellant who bad come on transfer. It is also not disputed that respondents 2 and 3 are both under-graduate teachers and that respondent No. 2 is the senior-most among them and that bath of them were eligible for being appointed as Headmaster if there was no eligible graduate teacher available in the school for appointment as Headmaster. The learned single judge has taken the view that one of the important conditions specified in R.45 of Chapter XIV-A of the Rules is not satisfied by the 2nd appellant to earn him appointment to the post of Headmaster in preference to the 2nd respondent. R.45 of Chapter XIV-A of the Rules reads as follows:

"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 graduation, 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 S.S.L.C. or equivalent and T.T.C. qualification may be