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2021 Supreme(Ker) 490

DEVAN RAMACHANDRAN
Jayasree P. K. – Appellant
Versus
State Of Kerala, Represented By Its Secretary, Department Of General Education – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. P.Jayaram, Shri. Gigi Pappachan, Sri.Sarath Chandran K.B., Advs.
For the Respondent: Sri.V.N.Muhammed, Sri.V.Rajasekharan Nair, Sri.P.M.Manoj-Sr.Gp., Advs.

JUDGMENT :

Chapter XXXII of the Kerala Education Rules (KER for short) stipulates the method of appointment to the post of Principal in a Higher Secondary School, in Rule 4 thereof. As per this Rule, the post of Principal in Higher Secondary Schools is to be filled either by promotion from among qualified Higher Secondary School Teachers (HSST) or by transfer from among qualified Headmasters of High Schools, under the respective educational agency. The Rule, thereafter, postulates that the post will be filled up from among the afore two categories in the ratio of 2:1 and that if qualified candidates are not available for appointment to a vacancy by any of such methods, such vacancy shall be filled up by other method.

2. The afore provision has been attracted in this case because, the petitioner is stated to be a qualified Headmistress of the 'Chalavara Higher Secondary School', Palakkad, who stakes claim to be appointed as the Principal of the said School, into a vacancy that arose on 01.06.2020. However, the competent educational Authorities turned down her request saying that, as per the ratio mentioned in Rule 4 of Chapter XXXII of the KER, her chance will come only when the 6th t

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