The provisions of Chapter XIV(A) of the Kerala Education Rules do not apply to unaided recognized schools.

1 In both the Writ Appeals the same question arises for consideration and they were jointly heard. We heard all counsel representing the appellants and the respondents in the two cases.

2 Writ Appeal No.331 of 1991 is against the dismissal of O.P.No.10749 of 1990 and the petitioner is the appellant. Writ Appeal No. 479 of 1991 is by the petitioner in O.P. No. 9762 of 1990 against the dismissal of that O.P.

3 The appellant in W.A. No. 331 of 1991 was appointed as a nursery teacher in a recognised school (Ambalamedu High School) run by the 1st respondent F.A.C.T. She was working for various spells from 23-9-1976 to 20-3-1985. From 1-6-82 to 31-3-84 she was working in a regular vacancy and during the other periods on leave vacancies. Her services were terminated on 31-3-1984 due to fall in division due to shortage of students. The 1st respondent has invited applications for the post reserving the same exclusively for Scheduled Caste candidates. The appellant is challenging the same on the ground that she has a preferential claim to that post under R.51A of Chapter XIV(A) of the Kerala Education Rules.

4 The main contention of the respondents is that Chapter XIV(A) will apply only to aided recognised schools. The school run by the 1st respondent is not an aided school but only a recognised school and as such the appellant cannot claim the benefits conferred on teachers under Chapter XI V(A) of the Kerala Education Rules.

5 The appellant in W.A. No. 479 of 1991 was a teacher in the U.P. School, Udyogamandal, run by the 1st respondent -F.A.C.T. It is a recognised but unaided school. Vacancy of Headmaster arose in that school on 12-2-1990. The management invited applications on 20-3-90 and the 6th respondent was appointed to the post of Headmaster on 3-4-90. According to the appellant he is the only teacher qualified to be appointed as Headmaster and the 6th respondent is not qualified. According to him, R.45B(1) of Chapter XIV(A) enjoins that a pass in Account Test (Lower) conducted by the Kerala Public Service Commission is an obligatory qualification for being appointed as Headmasters of Lower Primary and Upper Primary Schools. Admittedly, the 6th respondent is not having the test qualification and accordingly he is not entitled to be appointed as headmaster. On this ground he challenged the appointment of the 6th respondent.

6 Respondents, among other contentions, contended that the provisions of Chapter XIV(A), K.E.R, are not applicable to unaided schools even if they are recognised. It is their contention that it will apply only to aided recognised schools and that the petitioner is not entitled to any relief in the O.P.

7 Both the writ petitions were dismissed by two learned Judges, holding that the provisions of Chapter XIV(A) of the Kerala Education Rules are not applicable to the respective petitioners as the schools in which they were working are not aided schools. Thus, the only question to be decided is as to whether the provisions contained in Chapter XIV(A) of the K.E.R. will apply to unaided recognised schools.

8. Both the learned Single Judges have followed an earlier decision of this Court (by one of us, Bhat J. as he then was) in O.P. No. 3669 of 1986, dated 2nd June, 1986. That Original Petition was filed by the 6th respondent in W.A. No. 479 of 1991 and it was concerning the school under the same management, namely the F.A.C.T. In that judgment, after considering the various provisions in the Education Act and the Rules, it was held that the provisions of Chapter XI V(A) can be invoked only in the case of aided schools and as the school in question was admittedly an unaided school, the said provisions are not applicable. Accordingly the Original Petition was dismissed. The judgment in O.P. No. 3669 of 1986 was confirmed by a Division Bench in W.A. No. 443 of 1986. Inspite of the judgment by the Division Bench, we heard all counsel