Kerala High Court
Maidhily.M vs The State Of Kerala on 19 October, 2023
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Thursday, the 19th day of October 2023 / 27th Aswina, 1945
WA NO. 1664 OF 2023
AGAINST JUDGMENT DATED 09/08/2023 IN WP(C) 16651/2019 OF THIS COURT
APPELLANT/PETITIONER:
MAIDHILY M., DEPUTY HEADMISTRESS (RETIRED), HIGHER SECONDARY SCHOOL,
MUNDUR, MUNDUR P.O., PALAKKAD- 678592. RESIDING AT 5/116, VISHNU
BHADRA, GANESH NAGAR, KALPATHY P.O., PALAKKAD - 3.
BY ADVS.M/S. KALEESWARAM RAJ, THULASI K. RAJ,
APARNA NARAYAN MENON & CHINNU MARIA ANTONY
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT
OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2. DIRECTOR OF PUBLIC INSTRUCTIONS ,THIRUVANANTHAPURAM - 695014. NOW AT
DIRECTOR OF GENERAL EDUCATION JAGATHY,THIRUVANANTHAPURAM,KERALA
695014.
3. DEPUTY DIRECTOR OF EDUCATION, PALAKKAD - 678001.
4. DISTRICT EDUCATIONAL OFFICER, PALAKKAD- 678001.
5. THE MANAGER ,HIGHER SECONDARY SCHOOL, MUNDOOR, MUNDOOR P.O.,
PALAKKAD - 678001.
6. ACCOUNT GENERAL (A & E), OFFICE OF THE ACCOUNTANT GENERAL (A &E),
THIRUVANANTHAPURAM - 695001.
BY GOVERNMENT PLEADER FOR R1 TO R4
This Writ Appeal coming on for orders on 19/10/2023 upon perusing
the appeal memorandum the court on the same day passed the following:
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
--------------------------------------------- Writ Appeal No.1664 of 2023
--------------------------------------------- Dated this the 19th day of October, 2023 REFERENCE ORDER A.Muhamed Mustaque, J This matter requires an authoritative pronouncement as to the exemption granted under Rule 44A of Chapter XIV-A of Kerala Education Rules to appoint Headmasters in an aided school. Prior to the amendment in the year 2015, rules were clear. There are two categories of teachers, who can claim for appointment of headmasters. The first one is the teachers those who have crossed the age of 50 years and who have no test qualification and the other is the teachers who have the test qualification but not crossed the age of 50 years. Inter se seniority will have to be reckoned within the category for the purpose of appointment as headmasters.
2. A judgment of this Court in Narayanann A. v. Vijayalakshmi P.And others [2020 KHC 417] acknowledged these two categories and ordered that preference has to be given to teachers having test qualification based on the amendment w.e.f. 1.06.2015. Apparently, in that process, the Division Bench omitted to note that yet another category is formed by the amendment, which is precisely the argument of the learned counsel for the Writ Appeal No.1664 of 2023 ..2..
appellants Ms.Thulasi K. Raj. According to the learned counsel, there is yet another category who is having test qualification and crossed the age of 50 years and in the amendment preference is given to those who have test qualification and crossed the age of 50 years. In that sense, any senior who crossed the age of 50 years and does not have test qualification will be superseded by a junior who crossed the age of 50 years having test qualification. This argument is essentially based on explanatory note to the amendment. Narayanan case (supra) was proceeded as though there is no such category. The law laid down in that case appears to be on an incorrect premise.
3. Having heard the argument of the counsel and having looked at the explanatory notes as above, it appears to us that the intention of the amendment was to give preference to juniors who have crossed the age of 50 years and possessed test qualification in preference to seniors who crossed the age of 50 years and who does not possess test qualification.
4. In view of the above, we are of the view that the matter requires an authoritative pronouncement by a Larger Bench. We place this matter before the Honourable Writ Appeal No.1664 of 2023 ..3..
the Chief Justice for consideration to constitute a Larger Bench.
Sd/-
A.MUHAMED MUSTAQUE,JUDGE Sd/-
SHOBA ANNAMMA EAPEN, JUDGE PR 19-10-2023 /True Copy/ Assistant Registrar