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2023 Supreme(Ker) 34

RAJA VIJAYARAGHAVAN V
P. Prasanna, D/o. Balan Nambiar – Appellant
Versus
The Director Of General Education (Higher Secondary Section) – Respondent


Advocates Appeared:
For the Petitioner: R.K. Muralidharan.
For the Respondents: V.A. Muhammed, M. Sajjad, Smt. Nisha Bose.

JUDGMENT :

1. The petitioner states that she entered service as High School Assistant (HSA) at the Santhi Nikethan Higher Secondary School, Thiruvallur. Being duly qualified, she was promoted to the post of Headmistress with effect from 01.04.2020. While so, the vacancy to the post of Principal arose in the school with effect from 01.06.2021. The petitioner asserts that there being no qualified Higher Secondary School teacher (HSST) qualified for promotion, she is entitled to be appointed as Principal. However, overlooking the provisions of Chapter XXXII Rule 4(1) of the KER, the 4th respondent appointed the 5th respondent and the 3rd respondent proceeded to grant approval to the appointment as Teacher-in-Charge by Exhibit P1 order. Challenging Ext.P1 order, the petitioner approached the 1st respondent, and pursuant to orders issued by this Court, Exhibit P4 order was issued rejecting the challenge raised by the petitioner. While issuing Exhibit P4 order, the 1st respondent proceeded to hold that there is no post of HSST Malayalam in the Higher Secondary Section, and as the Principal has to take eight periods, a supernumerary post had to be created, which would entail additional fi

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