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1988 Supreme(Ker) 65

MALIMATH, K.BASKARAN
MANAGER, A. U. P. SCHOOL – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

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.










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