J U D G M E N T

Dated this the 20th day of May, 2020 Shaffique, J.

These two appeals have been filed by a teacher Smt.Smitha Paul challenging common judgment dated 28.06.2017 in W.P.(C) No. 15688/2017 and W.P.(C) No.18439/2017. She was the petitioner in W.P.(C) No. 15688/2017. She was not a party in W.P. (C) No.18439/2017 and hence she filed W.A.1514 of 2017 after seeking leave of the court. W.P.(C) No.18439/2017 was filed by Sri.K.Ali for implementing an order in his favour. The controversy related to the question as to whom among them was qualified to be appointed as Headmaster in the school.

2. The short facts of the case are as under; and for easy reference the documents are referred as exhibited in W.P.(C) No. 15688/2017, unless otherwise stated. Both Smt. Smitha Paul and Sri. K.Ali were working in an aided Upper Primary school. A post of Head Master became vacant on 21.04.2014 on retirement of one Sri. K.P.Sreedharan. The Manager appointed Smt. Smitha Paul as Headmistress with effect from 1.5.2014. The Assistant Educational Officer rejected the said proposal as she did not have the requisite test qualification under the Kerala Education Act and the Right of Children to Free and