ORDER :

P.B.Suresh Kumar, J.

The above matters are placed before this Full Bench on a reference by a Division Bench doubting the correctness of the decisions of two other Division Benches, one in Pavandoor Higher Secondary School v. Sadanandan, 2016 (4) KLT 207 and the other in Harifa Beevi Kallan v. The Manager, PPM Higher Secondary School and Others (W.A.No.925 of 2019).

2. The disputes in Sadanandan and Harifa Beevi Kallan relate to the appointment of Headmasters of Aided High Schools governed by Rule 44A(1) of Chapter XIVA of the Kerala Education Rules, 1959 (Rules) framed under the Kerala Education Act (Act), 1958. Rule 44A(1) as it stands now, excluding the Explanations and Note to the same, reads thus:

“(1) Subject to the provisions contained in sub-rule (1) of rule

44, the minimum service qualification for appointment as Headmaster, Headmistress, Vice Principal in Aided Complete High Schools/Training schools shall be twelve years of continuous graduate service with a pass in the test in the Kerala Education Act and the Kerala Education Rules and a pass in account Test (Lower) conducted by Kerala Public Service Commission.

Provided that Headmasters, Headmistress, Vice Principal of