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2020 Supreme(Ker) 435

A.M.SHAFFIQUE, T.V.ANILKUMAR
Narayanan – Appellant
Versus
Vijayalakshmi – Respondent


Advocates Appeared:
For the Petitioners: P.V. Mohanan, P.K. Muhammed, M. Sasindran, V. Venugopal, Ansu Varghese, K.M. George, Mathews P. George, S. Rajan, K.V. Sree Vinayakan, K.M. Muhammed Hussain, K.C. Gineeb, Biju Abraham
For the Respondent:K. Jaju Babu (Sr. Advocate), Murali Pallath, Siju Kamalasanan, T.B. Remani, T.K. Vipindas, K. Mohanakannan, A.R. Pravitha,Brijesh Mohan,T.R. Sadeeshan, Dr. George Abraham, K. Siju, S. Abhilash & Government Pleader

ORDER :

A.M. Shaffique, J.

The Writ Petitions have been referred to this Court based on a reference order dated 29/5/2019 of the learned Single Judge. W.A.No.755/2018 relates to a similar issue and are heard and decided together.

2. The issue referred relates to interpretation of the 3rd proviso to Rule 44A of Chapter XIV A of Kerala Education Rules, 1959 (KER) inserted as per Gazette notification dated 13.12.2017, and brought into force w.e.f. 1.06.2015. Rule 44A with the provisos reads as under:

    “44A. (1) Subject to the provisions contained in sub-rule (1) of Rule 44, the minimum service qualification for appointment as Headmaster in Aided Complete High Schools/Training schools shall be twelve years of continuous graduate service with a pass in the test in Kerala Education Act and the Kerala Education Rules and a pass in account Test (Lower) conducted by Kerala Public Service Commission:

[Provided that Headmasters of High and Training Schools, who were actually holding the said post on the eleventh day of June, 1974 shall stand exempted from passing the Account Test (Lower)]:

Provided further that Teachers who have attained the age of 50 years shall stand exempted permanently from acqu

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