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1996 Supreme(Ker) 78

K.SREEDHARAN, J.B.KOSHY
Padminikutty – Appellant
Versus
D. E. O. Ottapalam – Respondent


Judgment :-

Sreedharan, J.

O. P. 99/1994 has been referred to Bench for being disposed of along with W. A. 1111/1991 on the ground that the view expressed a learned Single Judge of this Court in Balm Varghese v. Manager, 1994 (1) KLT 557, runs contrary to the decision of a Division Bench in W. A. 517/1992 and the decision in O. P. 6282/1987, pending consideration in W. A. 1111/1991. In the decision reported in 1994 (1) KLT 557, learned Single Judge held that proviso to R.43 of Chapter XIV-A K. E. R. has to be read down and should be understood as providing that promotion to the post of High School Assistant in core subjects should be in the ratio of 1:1:1. That decision goes on to state that the minimum subject requirement, referred in the proviso to R.43, is the subject requirement laid down by the Director of Public Instruction in the Circular dated 13.5.1985 as 1:1:1 between core subjects, namely Mathematics, Science and Social Studies.

2. For a proper understanding of the issues raised in the Original Petition and the Writ Appeal, we consider it necessary to narrate the facts in detail. The facts in O. P. 99/1994 are as follows. - Petitioner in the Original Petition - Smt. Aleyam





















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