Kerala High Court
A.Narayanan vs Vijayalakshmi P on 23 May, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
WA NO. 755 OF 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WA NO. 755 OF 2018
AGAINST THE ORDER/JUDGMENT DATED 10.10.2017 IN WPC NO.19421 OF
2017 OF HIGH COURT OF KERALA
APPELLANT/S:
A.NARAYANAN
AGED 52 YEARS
AGED 52, S/O. P.M.VISHNU NAMBOODIRI, HIGH SCHOOL
ASSISTANT (MALAYALAM), MOOTHEDATH HIGH SCHOOL,
THALIPARAMBA, KANNUR DISTRICT, RESIDING AT KUTTIERI,
THALIPARAMBA - 670 142.
BY ADV SRI.P.V.MOHANAN
RESPONDENT/S:
1 VIJAYALAKSHMI P
AGED 53 YEARS
AGED 53, W/O. P.V.GOVINDAN, HEADMISTRESS, MOOTHEDATH
HIGHER SECONDARY SCHOOL, THALIPARAMBA, KANNUR DISTRICT
- 670 141.
2 STATE OF KERLA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT (ANNEX
II), THIRUVANANTHAPURAM - 695 001.
3 THE DIRECTOR OF PUBLIC INSTRUCTION
JAGATHY, THIRUVANANTHAPURAM - 695 001.
4 THE DEPUTY DIRECTOR OF EDUCATION
KANNUR, THANA P.O., KANNUR DIST. - 670 001.
5 THE DISTRICT EDUCATIONAL OFFICER
WA NO. 755 OF 2018
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THALIPARAMBA, KANNUR DIST. - 670 142.
6 THE MANAGER
MOOTHEDATH HIGHER SECONDARY SCHOOL, THALIPARAMBA,
KANNUR DISTRICT - 670 141.
SRI.A.J.VARGHESE, SR.GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23.05.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 755 OF 2018
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JUDGMENT
Dated this the 23rd day of May 2024
A.Muhamed Mustaque, J.
The appellant was the 5th respondent in the writ petition.
He is working as a High School Asistant (MalayalamMoothedath
High School, Thaliparamba. The vacancy in the post of Head
Master arose in the school on 01.04.2017. The appellant raised
a claim for that vacancy. However the Manager appointed
Smt.Vijaylakshmi to the vacancy noting that she is the senior
and crossed the age of 50. Based on a representation made by
the appellant, the District Educational Officer ordered that,
appellant who is a qualified hand, eligible for appointment as
the Head Master. This was challenged by Smt.Vijayalakshmi.P.,
the 1st respondent before this Court.
2. The learned Single Judge allowed the writ petition in
the light of the Division Bench judgment of this Court in
Manager, Pavandoor HSS, Kozhikode v. Sadanandan C.M
and Ors. 2016 (4) KLT 207. Pending writ appeal, the rule
was amended by the State with effect from May 2015. That was
the subject matter of challenge before this Court. Ultimately
this matter placed before the Full Bench of this Court as to the
WA NO. 755 OF 2018
legality of the amendment and the Full Bench answered the
amendment upholding the legality of amendment holding as
follows:
If there are qualified hands at the time of occurrence of
vacancy, the qualified hand shall be preferred as against
unqualified senior. However, if there are no qualified hands,
unqualified hand, who have crossed the age of 50, will be
eligible for the post of Headmaster. In this matter admittedly,
the appellant is eligible for the vacancy of Headmaster.
3. In the light of the proposition laid down by the Full
Bench, we set aside the impugned judgment of the learned
Single Judge and uphold that appellant is entitled to be
appointed to the post of Headmaster for the vacancy arose of
01.04.2017.
Ordered accordingly. Sd/
A.MUHAMED MUSTAQUE
JUDGE
sd/
S.MANU
JUDGE
jm/
