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1981 Supreme(Online)(Ker) 14

KERALA HIGH COURT
, J
Manager of the N. S. High School, Valoor – Appellant
Versus
State of Kerala – Respondent


1. The petitioner is the Manager of the N. S. High School, Valoor. The petitioner promoted one M. S. Sankaran Namboodiri, the senior most High School Assistant of the School, as Headmaster and posted him on 1-5-1976 in the retirement vacancy that arose on 30-4-1976. The 2nd respondent District Educational, Officer, Irinjalakuda approved that appointment by order dated 4-5-1976. Admittedly, the Headmaster appointed by the petitioner had not passed Account Test (Lower) when he was made the. Head roaster. He satisfied ail the requirements insisted by R.44A, Chapter XTV(A), KER., as it stood on 1-5-1976. The 1st respondent-State by G. O.(P) 149/76/G. Edn. dated 7-8-1976 amended R.44A, Chapter XTV(A) K.E.R to insist that a pass in Account Test (Lower) is also necessary for appointment as Headmaster of a High School. Though the amendment was issued only on 7-8-1976, as early as 11-6-1974 the 1st respondent issued Ext. P1 G. O. that the Account Test (Lower) shall be an obligatory qualification for promotion to the post of High School Headmasters. Thereafter, on 22-5-1979 the 2nd respondent District Educational Officer, Irrinjalakuda issued a circular directing to revert Headmasters who ha











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