The statutory rule prescribing the method of appointment should prevail over conflicting executive orders, and the eligibility of a candidate under the statutory rule cannot be frustrated due to the unavailability of posts in another category.

K. Vinod Chandran, J.

1. The three Writ Petitions more or less agitate the same cause, but on different aspects. For convenience, W.P.(C) No. 19948 of 2013 is referred to unless otherwise specifically noticed. The petitioner is a Headmaster in the High School section under the 4th respondent. The 4th respondent was granted Higher Secondary Section in the academic year 2010-2011 by Ext. P13 dated 24.10.2011. Teaching posts were, sanctioned in many aided Higher Secondary Schools, including the 4th respondent School. 146 posts of Principals were also sanctioned. The sanction related back to the date 06.08.2011. At the time when the Government Order was issued, there were none qualified in the Higher Secondary section to be posted as Principal, since the minimum experience required is 12 years as a Higher Secondary School Teacher (H.S.S.T.) as per Chapter XXXII of the Kerala Education Rules, 1959 (K.E.R.). Though the petitioner was initially appointed as Principal, when H.S.S.T.'s joined the School, the petitioner was reverted as Headmaster and one of the H.S.S.S.T. (Juniors) was appointed as Teacher-in-charge, on the senior H.S.S.T. relinquishing her claim. The said teacher-in-charge, one Smitha P. has filed W.P.(C) No. 8097 of 2014, claiming that she is entitled to be continued for reason of the Headmaster of the High School not being qualified as on the date of arising of the vacancy of Principal. The apprehension of the said teacher is also that, if the H.M. of the High School is posted as Principal of the Higher Secondary Section, herself, a H.S.S.T. (Junior) would be thrown out for want of sufficient periods.

2. The petitioner in W.P.(C) No. 19948 of 2013, the Headmaster, took a Post Graduation in Maths as on 03.04.2012. It was at that point, the petitioner staked a claim for the Principal's post, especially since an H.S.S.T. (Junior) was continued as in-charge. The claim was rejected and it was agitated before the Educational Authorities and eventually Ext. P10 order was passed, rejecting the claim. The rejection at Ext. P10 was based on Exts.P11& P12 orders, which mandated that the Headmaster appointed as Principal should teach at least 16 hours in the Higher Secondary section.

3. Ext. P11 G.O. (MS) No. 43/05/G.Edn. dated 11.02.2005 prescribed that the teaching hours of qualified Headmaster turned Principal would be 16 periods per week. Ext P12 G.O.(MS) No. 11/06/G.Edn. dated 06.01.2006, in implementation of Ext. P11, mandated that the post of Principal will be carved out from the existing strength of H.S.S.T.'s and there would be no new posts sanctioned. In the 4th respondent School, the post of H.S.S.T.'s as per the sanctioned strength is filled. If the petitioner is promoted as Principal, then the Principal would have to be continued as an additional post without any teaching duties. The G.O.s at Exts.P.11 & P12 would stand against the petitioner's claim, is the finding in Ext. P10.

4. This Court is unable to countenance such a finding, in view of the statutory rules made under Chapter XXXII. R.4 of Chapter XXXII prescribes the method of appointment. The feeder category for the post of Principal is 'by promotion' from Higher Secondary School Teachers or 'by transfer" from qualified Headmasters of aided High Schools under the respective educational agency. Note 111 of Serial No. 1 of the Table under R.4 also prescribes that the post of Principal shall be filled up from the feeder category in the ratio of 2:1, i.e., when two successive vacancies of Principal are filled from the Higher Secondary section, the third vacancy should go to the Headmaster of the High School, if he or she is so qualified to be appointed as Principal. It is also specified in the said Note that if qualified hands are not available in either of the two methods, then the other method shall be resorted to.

5. Here, admittedly none are available under the H.S.S.T. category for promotion to the category of Principal, since under R.6 of Chapter XXXI