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1973 Supreme(Ker) 251

P.GOVINDA NAIR, K.SADASIVAN
K. P. SETHUMADHAVAN – Appellant
Versus
DISTRICT EDUCATIONAL OFFICER, PALGHAT – Respondent


Judgment :-

1. The question that is raised in this appeal is a very limited one and as we understand it, the question is only whether the educational authorities have power under the Kerala Education Act and the Rules framed thereunder to direct the Manager of an aided school to appoint a particular teacher as the Headmaster. The Assistant Educational Officer by Exts. P2 and P3 orders produced along with the Original Petition directed that the 3rd respondent in the Original Petition who is also the 3rd respondent in this appeal should be appointed as the Headmaster of the school of which the appellant is the Manager who is also a teacher there. The appellant questioned the orders Exts. P2 and P3 by way of appeal before the District Educational Officer, the 1st respondent herein, but the appeal was dismissed by Ext. P4 order.

2. Justice Viswanatha Iyer dismissed the Original Petition challenging the orders Exts. P2, P3 and P4 mainly on the ground that the appellant being the Manager of the school is precluded from functioning as the Headmaster in view of R.8 of Chapter III of the Kerala Education Rules. The appellant being thus eliminated the 3rd respondent who was directed to be app





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