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1969 Supreme(Ker) 149

M.MADHAVAN NAIR, P.NARAYANA PILLAI
STATE OF KERALA – Appellant
Versus
THE CORPORATE MANAGEMENT OF SCHOOLS OF THE ARCHDIOCESE OF CHANGANACHERRY – Respondent


Judgment :-

1. This appeal is from Gopalan Nambiyar J. who declared a G. O. concerning appointment of teachers in aided schools not to apply to 'minority schools.

2. The G. O. is given at P. 412 of "The Kerala Education Act, 1958", published by K. K. Narendran in July 1969, and reads thus:

"G. O. (MS) No. 343/65/ Edn. Dated, Trivandrum, 24th June, 1965.

As per the provision in Chapter XXI KER. whenever a vacancy occur in an aided school the Managers shall follow the directions issued by Government from time to time for ascertaining the availability of qualified hands for appointment as teachers. As per the existing orders the Managers have to advertise vacancies of teachers in the prescribed form and in the approved dailies in two consecutive issues.

2. Government are in receipt of a large number of complaints from qualified persons that some of the managements are not adhering strictly to the orders issued under the Kerala Education Rules in the matter and are appointing unqualified hands when qualified hands are available. Government therefore issue the following orders:

(i) Managements should appoint only fully qualified hands as teachers in aided schools. If fully qualified hands ar




















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