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2013 Supreme(Ker) 448

MANJULA CHELLUR, K.VINOD CHANDRAN
K. L. Thomas Higher Secondary School Teacher (Malayalam) – Appellant
Versus
State of Kerala, represented by its Secretary – Respondent


Advocates Appeared:
For the Appellant:V. Philip Mathews, Advocate.
For the Respondents:R1 to R4, P.I. Davis, Senior Government Pleader, R5, P.J. Elvin Peter, T.G. Sunil (Pranavam), K.R. Ganesh, R6, Bechu Kurian Thomas, Advocates.

Judgment :

K. Vinod Chandran, J.

1. Both the appeals are filed by a Higher Secondary School Teacher, who failed to get appointment as a Principal in the Higher Secondary School under the respondent-Corporate Management. Lalamma Varghese, the 6th respondent in W.A.No.2203 of 2012, who was a Headmistress in one of the High Schools under the Corporate Management, was preferred over the Higher Secondary School Teachers by the Manager; which preference was not approved by the educational authority. The rival claimants, viz., the appellant and the 6th respondent, were before the learned Single Judge in two different writ petitions; the former asserting his right to be appointed as Principal and the latter assailing the refusal of the educational authority to grant approval for her appointment. Both the writ petitions were considered together and a common judgment was passed, upholding the right of the 6th respondent to be appointed as Principal of the Higher Secondary School, which judgment is impugned in the above appeals.

2. The appellant undisputedly has the qualification to be appointed as Principal in the Higher Secondary School as is provided under Rule 4, Method of Appointment, of











































































































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