The court clarified that teachers over 50 years are exempt from mandatory qualifications for Headmaster appointments, rejecting a restrictive interpretation of exemption rules.

JUDGMENT

A.Muhamed Mustaque, J.

These matters are in regard to the appointment of Headmaster in a vacancy that arose in an aided school, namely, Navakerala L.P. School, Echur, Kannur District with effect from 01.05.2023. The manager of the aided school came in W.A.No.2098/2023 challenging an interim order of the learned Single Judge directing the Manager to handover the documents to Sri.P.Vinod Kumar, the senior most teacher of the said school. Taking note of the nature of the issue, we thought all the matters related to this issue shall be decided by this Court. Thus, with the consent of all the counsel appearing for the parties, we heard the matter on merit. We, accordingly, dispose of these matters by a common judgment.

2. There are three writ petitions. W.P.(C) No.26565/2023 was filed by P.Vinod Kumar, the senior most teacher in the school seeking a direction to appoint him as the Headmaster of the school. W.P.(C) No.32519/2023 was filed by the Manager challenging the order of the Additional Director of General Education, directing the Manager to appoint a senior most teacher in the school. The Manager also filed W.P.(C) No.36853/2023, challenging an order of Additional Director of General Education appointing P.Vinod Kumar as a drawing and disbursing officer. In the writ appeal, we passed an interim order directing the Manager to handover all the documents. Alleging non-compliance, Contempt Case (c) No.2590/2023 has also been filed by P.Vinod Kumar.

3. The learned senior counsel appearing for the Manager argued that P.Vinod Kumar, does not have test qualification, one of the requisite qualifications to be appointed as a headmaster. The learned counsel pointing out to Section 45B of Chapter XIVA of KER argued that test qualification is mandatory to be appointed as Headmaster. He referred to Rule 45B of Chapter XIVA of as well as Rule 18 of the Right of Children to Free and Compulsory Education Rules. It is appropriate to refer to both rules to understand the arguments.

“Rule 45B of Chapter XIVA of KER :

(1) Notwithstanding anything contained in rules 45 and 45A, Account Test (Lower) conducted by the Kerala Public Service Commission shall be an obligatory qualification to the teachers for promotion as Headmasters of Lower Primary and Upper Primary Schools.

(2) Every person who is holding the post of headmaster in a lower primary school or an upper primary school on the date of these rules shall stand exempted from acquiring the qualifications specified in sub-rule(1).

(3) In the case of teachers awaiting promotion as Headmasters there shall be temporary exemption to them from acquiring the qualification specified in sub-rule (1).

(4) Teachers who have attained the age of 50 years shall stand exempted permanently from acquiring the qualification specified in sub-rule (1).

(5) During the period of exemption allowed under sub-rule(3) promotions to the posts of Headmasters shall be made without insisting on the qualification specified in sub-rule (1) and those who fall to acquire the said qualification within the said period of exemption shall be reverted.

Section 18 of Right of Children to Free and Compulsory Education Rules: Duties to be performed by Head Teacher and Teachers:- The Head Teacher shall be a person having a minimum of twelve years of teaching experience and possessing pass in such departmental tests and test on Kerala Education Act and Rules as may be specified in that regard.

Provided that teachers who are otherwise eligible for being promoted as Head teachers shall be exempted from by passing such departmental tests and test on Kerala Education Act and Rules on or after attaining the age of 50 years.”

4. According to the learned senior counsel, the exemption granted to the teachers who crossed the age of 50 as referrable under Rule 45B of Chapter XIVA of KER is only to the class of teachers who stood as on 02.03.1982, when an amendment was made to the above Rules. This argument is made with reference to the language of