The appointment of a Principal in Higher Secondary Schools under Chapter XXXII KER depends on existing subject availability and qualification, not solely on seniority.

J U D G M E N T

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W.P.(C) No.17673/2023 has been filed by the petitioner, who is a Higher Secondary School Teacher (Chemistry) in Brahmanandodayam Higher Secondary School, Kalady, seeking to declare that the petitioner has a statutory right under Rules 4 and 5 of Chapter XXXII KER to be considered for appointment as Principal of the 4^th respondent-Higher Secondary School in the resultant vacancy of Smt. Sandhya T. retiring on 31.03.2023.

2. W.P.(C) No.3753/2025 has been filed by the 5^th respondent in W.P.(C) No.17673/2023, who is working as Headmaster in the High School Section of the same Higher Secondary School, seeking to set aside Ext.P7 and to declare that Ext.P7 Kerala Education (Amendment) Rules, 2024 will not govern the appointment of the petitioner against the vacancy of Principal arisen on 01.06.2023.

3. W.P.(C) No.32282/2025 has been filed by the very same 5^th respondent seeking to direct the 4^th respondent to appoint the petitioner as Principal with effect from 01.06.2025 and to direct the 3^rd respondent-RDD to approve the appointment with effect from 01.06.2025. The parties and exhibits in the writ petitions are referred to as they are described/marked in W.P.(C) No.17673/2023 for convenience.

4. The petitioner in W.P.(C) No.17673/2023 states that she is working as HSST with effect from 14.08.2000 and has 23 years of service. A vacancy of Principal arose in the School on 01.06.2023 consequent to the retirement of Smt. Sandhya. The petitioner would urge that she is the seniormost HSST qualified for appointment as Principal. The 5^th respondent and three other Vice Principals of various Higher Secondary Schools filed W.P.(C) No.16328/2023 challenging Ext.P4 G.O. dated 03.05.2023 which ordered that 8 hours teaching is compulsory for Higher Secondary School Principals. This Court, by interim order dated 24.05.2023, directed to consider to appoint the 5^th respondent against the next arising vacancy as per Ext.P5. The petitioner contends that the 5^th respondent has only two years service as Headmaster while the petitioner is having 23 years of service as HSST. The petitioner states that the Manager is considering only the 5^th respondent for appointment as Principal treating the interim order as a mandatory order.

5. The petitioner states that the post of Headmaster is not existing in an upgraded High School as Higher Secondary School. The petitioner submits that in view of the statutory amendment in KER brought into force with effect from 21.05.2019, the post of Headmaster is not existing. The petitioner being the seniormost HSST has to be appointed as Principal irrespective of the fact that the 5^th respondent was Headmaster of the High School.

6. During the pendency of W.P.(C) No.17673/2023, the 5^th respondent filed W.P.(C) No.3753/2025. The 5^th respondent stated that he is the Headmaster of the High School Section and is fully qualified and eligible for by-transfer appointment as Principal in the Higher Secondary School as per the unamended Rules 4 and 6 of Chapter XXXII KER . The method of appointment and qualification for appointment to the post in Aided Higher Secondary Schools is governed by Chapter XXXII . As per Rule 4(1) of Chapter XXXII, the method of appointment to the post of Principal is by promotion from the post of HSST or by-transfer from qualified Headmasters. Note (iii) provides that the method of appointment shall be in the ratio 2:1 between promotion and by-transfer.

7. The 5^th respondent holds MA History with 50% marks. He has B.Ed and has passed SET. He has 12 years of service in the cadre of HST. The 5^th respondent is the only Headmaster under the Management. The 5^th respond