IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:-

THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR &

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 14TH DAY OF AUGUST 2013/23RD SRAVANA, 1935 W.A.No.2203 of 2012 ----------------------------------------

AGAINST THE JUDGMENT IN W.P.(C).No.13196/2010 DATED 13.12.2011 OF HIGH COURT OF KERALA.

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APPELLANT/ PETITIONER:- ---------------------------------------

THOMAS K.L., HIGHER SECONDARY SCHOOL TEACHER (MALAYALAM), MAR THOMA HIGHER SECONDARY SCHOOL, PATHANAMTHITTA, RESIDING AT KUROMVILA LOVE DALE, VALAKOM P.O., KOLLAM DISTRICT.

BY ADV. SRI.V.PHILIP MATHEWS.

RESPONDENTS/ RESPONDENTS:- -------------------------------------------------

1. STATE OF KERALA, REPRESENTED BY ITSSECRETARY, DEPARTMENT OF GENERAL EDUCATION, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM - 695 001.

3. THE REGIONAL DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM - 695 001.

4. THE REGIONAL DIRECTOR OF HIGHER SECONDARY EDUCATION, EDAPPALLY, ERNAKULAM - 682 024.

5. M.T. AND E.A.SCHOOLS CORPORATE MANAGEMENT, SCS CAMPUS, THIRUVALLA, REPRESENTED BY ITS MANAGER, PIN - 689 101.

W.A.NO.2203 OF 2012

6. LALAMMA VARGHESE, HEADMISTRESS, T.M.T.H.S. THALAVADY, ALAPUZHA DISTRICT - 690 107.

7. SUCY GEORGE, PRINICIPAL, M.T.H.S.S., PATHANAMTHITTA - 689 645.

8. KURUVILA MATHEW, PRINCIPAL, MARTHOMA SEMINARY H.S.S., KOTTAYAM - 686 013.

9. SUSAMMA SAMUEL, PRINCIPAL, M.T.H.S.S., VENMANY, ALAPPUZHA DISTRICT - 689 509.

R1 TO R4 BY SENIOR GOVERNMENT PLEADER SRI.P.I.DAVIS.

R5 BY ADVS. SRI.ELVIN PETER P.J.

SRI.T.G.SUNIL (PRANAVAM)

SRI.K.R.GANESH R6 BY ADV. SRI.BECHU KURIAN THOMAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON

14-08-2013, ALONG WITH W.A.No.59/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-

Manjula Chellur, C.J. &

K.Vinod Chandran, J.

------------------------------------------------- W.A.Nos.2203 of 2012 & 59 of 2013 ---------------------------------------------------- Dated this, the 14th day of August, 2013 JUDGMENT K.Vinod Chandran,J.

Both the appeals are filed by a Higher Secondary School Teacher, who failed to get appointment as a Principal in the Higher Secondary School under the respondent-Corporate Management. Lalamma Varghese, the 6th respondent in W.A.No.2203 of 2012, who was a Headmistress in one of the High Schools under the Corporate Management, was preferred over the Higher Secondary School Teachers by the Manager; which preference was not approved by the educational authority. The rival claimants, viz., the appellant and the 6th respondent, were before the learned Single Judge in two different writ petitions; the former asserting his right to be appointed as Principal and the latter assailing the refusal of the educational authority to grant approval for her appointment. Both the writ petitions were considered together and a common judgment was passed, upholding the right of the 6th respondent to be W.A.Nos.2203/2012 & - 2 -

appointed as Principal of the Higher Secondary School, which judgment is impugned in the above appeals.

2. The appellant undisputedly has the qualification to be appointed as Principal in the Higher Secondary School as is provided under Rule 4, Method of Appointment, of Chapter XXXII of the Kerala Education Rules, 1959 (“KER” for short). The 6th respondent, at the time of her consideration to the post of Principal, was serving as a Headmistress in one of the High Schools under the Corporate Management. The 6th respondent has a graduation and B.Ed. in Physical Science and a post graduation in English. Though there was a contention with respect to the approval of her post graduation from Annamalai University, the learned counsel appearing for the appellant, Sri.V.Philip Mathews fairly submits that the same may not survive for consideration in the appeals. The learned counsel, however, stresses on the fact that the 6th respondent is not entitled to be appointed as Princip