The central legal point established in the judgment is that special schools for handicapped are governed by specific rules issued under G. O. (P) 412/69/Edn dated 3-11-1969, and not by Kerala Education Rules, thereby excluding the applicability of R.51A of Chap.14A of KER to such schools.

K.K. Usha, J.

1. The issues arising in this original petition is whether the provisions contained under R.51A of Chap.14A Kerala Education Rules are applicable in the case of teachers appointed in the special schools for handicapped in the State. While the petitioner contends that the schools for Deaf Children, Thiruvalla managed by the 2nd respondent is a private aided school covered by the provisions contained under the Kerala Education Rules, the manager, 2nd respondent takes the stand that the school is covered by Special Rules issued by the Government in respect of the school for defectives. According to the 1st respondent, State of Kerala, the aided special schools are governed by Special Rules framed by the Government from time to time. Even then a teacher appointed in the above school is entitled to the benefit of the provisions contained under R.51A of Chap.14A of K.E.R.

2. The petitioner was appointed as Assistant teacher in a temporary vacancy in the School for Deaf Children, Thiruvalla under the management of the 2nd respondent. She was relieved on 31-3-89. Her appointment was later approved on 30-3-90, She was then sponsored for training by the management and on successful completion of the training course namely a diploma D. Ed. (Deaf) the petitioner approached the 2nd respondent for employment. Even though she participated in the interview for selection, she was not selected for appointment. She made representations before the educational authorities as well as the manager contending that she is entitled to the preference given under R.51A Chap.14A of K.E.R. for appointment in the vacancies which had arisen later to which she made application. Appointments made by the manger in disregard of her claim under R.51A, the petitioner contended, were illegal. Ultimately Ext. P13 reply was given to the petitioner by the manager informing her that aided schools for handicapped are not brought under the purview of the Kerala Education Rules and therefore she cannot put forward any claim under R.51A Chap.14A of K.E.R. It was also mentioned therein that at the time of her first appointment and relief from the post, she did not possess the required basic qualification. The above stand taken by the 2nd respondent is under challenge in this original petition.

3. According to the petitioner, the order of appointment issued to her Ext. P14 would show that the appointment was subject to the provisions of Kerala Education Act and Rules. Reliance is placed on Ext. P18 communication dated 26-12-90 from the District Educational Officer, Thiruvalla to the 2nd respondent wherein attention of the manager was drawn to R.7 of Appendix II of G. O. (P) 412/69/Edn dated 3-11-1969 and R.51A Chap.14A of K.E.R. The Appendix II referred above relates to rules for the award of Government grant to aided schools for the handicapped issued by the Government of Kerala. R.7 reads as follows:

"7. The procedure for appointment will be the same as in the ease of other aided schools. Advertisement in newspapers and reference to the Employment Exchange will be insisted on to ascertain availability of qualified hands before unqualified hands are appointed."

4. The necessity of approval of appointment made in the school of the 2nd respondent is also pointed out as a reason by the petitioner to support her contention that the provisions contained under R.51A are applicable to the teachers in the school of the 2nd respondent. Referring to the provisions contained under R.4 of Chap.2, it is contended by the petitioner that the schools for defective children would also be governed by the provisions of Kerala Education Rules. The relevant portion of R.4 reads as follows: -

"Schools for the education of particular categories of students: -

Schools for the education of particular categories of students comprise the following: -

(i) school for defective children such as the Deaf, the Dumb, the Blind, and the mentally handicapped.

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