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P. B. SURESH KUMAR, C. S. SUDHA
M. Honey – Appellant
Versus
Manager, Kopparethu Higher Secondary School – Respondent
JUDGMENT :
P.B.Suresh Kumar, J.
This appeal is directed against the judgment dated 22.12.2020 in W.P.(C) No.28642 of 2019. The appellant was the fifth respondent in the writ petition. Parties and documents are referred to in this judgment, as they appear in the writ petition.
2. The petitioner is the Manager of an aided Higher Secondary School. The Higher Secondary section of the school was sanctioned from the year 2014-2015. Since there were no qualified hands then in the school for appointment by transfer as Higher Secondary School Teacher [HSST] or Higher Secondary School Teacher (Junior), the petitioner took steps to appoint the required number of teachers from the open market. It is stated that there were three posts of HSST and four posts of HSST (Junior) in the school. A selection was conducted and appointments were made by the petitioner to the said posts from the ranked lists prepared by the Selection Committee. The fourth respondent secured first rank in the selection for appointment to the post of HSST and respondents 5 and 6 secured ranks 3 and 2 respectively in the said selection. The petitioner appointed the fourth respondent on 05.01.2018 and respondents 5 and 6 on 06.0
Only obligation of the appointing authority when a select list is drawn is to make appointments only in the order of merit, and the said requirement of law has been complied with in the case on hand.
The manager's discretion in teacher appointments is subject to established preference rights under the Kerala Education Rules.
Managers of aided schools possess discretion in teacher appointments unless a clear preferential claim exists by law.
The court reinforced the doctrine that interim judicial mandates invalidate prior orders concerning recruitment when suitable candidates are available, thereby mandating compliance with in-service pr....
Rule 44 reads as appointment of Headmasters shall ordinarily be according to seniority from the seniority list prepared.
The lack of a vacancy in a specific teaching subject in the Higher Secondary section does not disqualify an eligible Headmaster from appointment by transfer as Principal under the Kerala Education Ru....
The main legal point established in the judgment is that the management must adhere to the rules and regulations for the appointment of staff in private schools, including the obligation to ascertain....
The provisions of the Kerala Education Rules govern appointments, and while familial claims exist, they do not override statutory norms for educational appointments.
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