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1968 Supreme(Ker) 95

M.MADHAVAN NAIR, T.S.KRISHNAMOORTHY IYER, K.SADASIVAN
AEO – Appellant
Versus
P. R. MAMOO – Respondent


Judgment :-

1. On the writ petitions, O. P. Nos. 1688 and 1903 of 1965, disposed of by a common judgment, Mathew J. has held R.67(1) of the Kerala Education R.1959, "in so far it authorises the various educational authorities and the Government to suspend a teacher" of an aided school to be "repugnant to S.12(2)" of the Kerala Education Act, 1958; and that has been followed by the learned judge in O. P. No. 1461 of 1966. The State challenges those decisions in Writ Appeal Nos 206, 207 and 245 of 1966 and a Division Bench has referred them to a Full Bench. As the appeals awaited hearing, O. P. No. 1419 of 1967, in which a penalty of reduction-in-rank imposed by a Regional Deputy Director of Public Instruction on the headmaster of an aided school is challenged on ground of a like incomepetency, has also been posted to be heard along with them. It is clarified at the bar that the particular rules relevant to the O. P. are R.75 and 77 of the Kerala Education Rules. Thus, the question in these cases is the validity of the empowerment of departmental authorities to suspend and punish teachers of aided schools under R.67, 75 and 77 of the Kerala Education Rules, 1959.

2. The abovementioned










































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