Back
A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN, S. MANU
Maidhily M. – Appellant
Versus
State of Kerala, Represented By Secretary To Government, Department of General Education – Respondent
ORDER :
S.MANU, J.
A Division Bench of this Court by an order of reference directed to place this appeal before the Full Bench so as to consider the impact of the third proviso to Rule 44A of Chapter XIV-A of the Kerala Education Rules (KER) in the matter of appointment to the post of Headmaster/Headmistress. The Division Bench doubted the correctness of the observations in the reference order in Narayanan.A v. Vijayalakshmi P. and others [2020 (4) KLT 198] regarding classification of teachers into two based on the 2nd and 3rd provisos, rendered by a co-equal bench. In the reference order dated 19.10.2023, the Division Bench noted that the intention of the amendment by which the third proviso to Rule 44A was incorporated seems to be to give preference to teachers who have crossed the age of 50 years and possessed test qualification in preference to those who are exempted from acquiring the test qualifications by virtue of the second proviso to Rule 44 A. We are therefore called upon to decide these two aspects.
2. Reference to the relevant provision is essential to analyze the issue. Rule 44A is extracted hereunder omitting the explanations and the note thereunder:
Amendments to qualifications for Head-teachers cannot have retrospective effect as they violate vested rights under existing rules.
Teachers over 50 years old are permanently exempt from certain qualification requirements under Rule 45B(4) of the Kerala Education Rules.
Test qualifications for Headmaster appointments were upheld as paramount under statutory provisions, superseding seniority based on age exemptions.
Denial of departmental test exemption to aided school teachers while granting it to Government sector teachers, despite identical duties, constitutes discriminatory practice under Article 14, and cur....
Denying aided school principals the permanent exemption from departmental tests available to government principals after age 50 constitutes unconstitutional discrimination, as no intelligible differe....
a teacher who has obtained a right to preferential appointment to future vacancies in identified posts, based on past service rendered in a teaching post in the school prior to retrenchment therefrom....
Completion of 7 years of service in the pay scale of Headmaster is the requirement for getting the first grade pay for Headmasters of Aided Complete Secondary Schools, as per the interpretation of Ke....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
