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1987 Supreme(Ker) 454

MALIMATH, BHASKARAN NAMBIAR
PANKAJAKSY – Appellant
Versus
GEORGE MATHEW – Respondent


Judgment :-

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 E





































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