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1975 Supreme(Ker) 97

P.GOVINDA NAIR, T.KOCHU THOMMEN
RADHA – Appellant
Versus
DISTRICT EDUCATIONAL OFFICER, BADAGARA – Respondent


Judgment :-

1. These appeals arise from the judgment of Namboodiripad J. dismissing the original petition 5411 of 1972 moved by the appellants in these writ appeals as petitioners 2 and 1 respectively. They challenged in the writ petition the order passed by the Regional Deputy Director refusing the approval of the appointment of the appellant in writ appeal 296 of 1973 as a High School Assistant in the school managed by the appellant in writ appeal 376 of 1973. The Regional Deputy Director held by Ext. P8 that the 4th respondent in this appeal has preferential claim arising under R.43 in Chapter XIV-A or the Kerala Education Rules.

2. The facts are the following. The appellant in writ appeal 296 of 1973 had functioned in the leave vacancy caused by the 4th respondent being deputed for the B. Ed. Course in the year 1971-72. It is therefore admitted that she should ordinarily get the benefit of R.51A if that rule alone has to be considered. The 4th respondent has been working in the school as an upper primary school assistant from 1964. She passed her B. A. in the year 1969 and was deputed as was said earlier for the B. Ed. Course in the year 1971-72. Her examination result was publi












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