The main legal point established in the judgment is that the amendment to R.45B(3) of the Kerala Education Rules was unconstitutional and beyond the rule-making authority of the Government, as it was found to be unreasonable, arbitrary, and violative of Art.14 of the Constitution.

1. Chief Justice M.S. Menon speaking for the Full Bench, in his inimitable style, in Rt. Rev. A. M. Patroni v. Kesavan (1964 KLT 791) stated thus:

"The post of the headmaster is of pivotal importance in the life of a school. Around him wheels the tone and temper of the institution; on him depends the continuity of its traditions, the maintenance of discipline and the efficiency of its teaching. The right to choose the headmaster is perhaps the most important facet of the right to administer a school."

2. The Government prescribed the requisite qualifications for appointment to the post of headmaster of aided Lower Primary Schools as early as 1978. However, these essential qualifications remained a statutory dream for about ten years, with exemption being granted for one, two or three years at a time, but extended periodically to continue uninterruptedly. The last amendment, the latest exemption for two years from 1-4-1986 to 31-3-1988 was effected to R.45B(3) of the Kerala Education Rules on 2nd September, 1986. Teachers fully qualified, claiming promotion as headmasters therefore challenged the validity of this amendment as beyond the powers conferred under the Kerala Education Act and as violative of Art.14 of the Constitution. The relaxation of the minimum standards for an unusually long period of ten years possibly shocked the judicial conscience and a learned single judge upheld the challenge and struck down rule relating to relaxation from 1-4-1986 to 31-3-1988. Aggrieved, the teachers who, from 1978, did not acquire the minimum qualifications for the post of headmasters, some of whom never even attempted to secure these qualifications, have filed these writ appeals against the judgment of the learned single judge. The State also challenged the decision by filing two appeals; but better sense prevailed and they withdrew those appeals and they have been dismissed. The Government Pleader appealing for the State submitted that the Government have accepted the decision of the learned single judge and have issued consequential orders in implementation of the Judgment. Thus the author of the amendment, the Government itself does not support the amendment and the exemption form 1-4-1986 to 31-3-1988 it is in this background that we have to consider these appeals.

3. R.45B was inserted in Chap.14-A of the Kerala Education Rules (KER for short) by an amendment made on 3rd November, 1978. This rule read thus:

"45B. (1) Notwithstanding anything contained in R.45 and 45A, Account Test (Lower) conducted by the Kerala Public Service Commission shall be an obligatory qualification to the teachers for promotion as Headmasters of Lower Primary and Upper Primary Schools.

(2) Every person who is holding the post of headmaster in a lower primary school or an upper primary school on the date of these rules shall stand exempted from acquiring the qualifications specified in sub rule (1).

(3) In the case of teachers awaiting promotion as Headmasters there shall be temporary exemption to them from acquiring the qualification specified in sub-rule (1) till 31st day of March, 1986.

(4) Teachers who have attained the age of 50 years shall stand exempted permanently from acquiring the qualification specified in sub-rule (1).

(5) During the period of exemption allowed under sub rule (3) promotions to the posts of Headmasters shall be made without insisting on the qualifications specified in sub rule (1) and those who fail to acquire the said qualification within the said period of exemption shall be reverted."

The explanatory note to this rule, not part of the Notification "but intended to indicate the general purport of the amendment runs as follows":

"In GO (Ms.) No. 54/86/G. Edn. dated 24 3-1986 Government have issued orders exempting all Aided Primary School Teachers from acquiring test qualification for promotion as Headmasters of Lower Primary and Upper Primary Schools for a further period of two years from 1-4-1986. This amendment to R.4