Kerala High Court
P.V.Mohan Kumar vs The State Of Kerala on 2 March, 2012
Author: C.N. Ramachandran Nair
Bench: C.N.Ramachandran Nair, C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR
&
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
THURSDAY, THE 31ST DAY OF MAY 2012/10TH JYAISHTA 1934
WA.No. 763 of 2012 () IN WPC/11604/2004
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AGAINST THE ORDER/JUDGMENT IN WPC.11604/2004 DATED 02-03-2012
....
APPELLANT(S):PETITIONER:
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P.V.MOHAN KUMAR,
ASSISTANT TEACHER,
AIDED UPPER PRIMARY SCHOOL (AUP SCHOOL) PACHERI,
MELATTUR, MALAPPURAM.
BY ADVS.SRI.V.A.MUHAMMED
SRI.K.E.HAMSA
RESPONDENT(S):RESPONDENTS:
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1. THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATIONAL DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM 676 519.
3. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM 676 519.
4. THE ASSISTANT EDUCATIONAL OFFICER,
MELATTUR, MALAPPURAM 679 326.
5. THE MANAGER,
AIDED UPPER PRIMARY SCHOOL (AUP SCHOOL) PACHERI,
MELATTUR, MALAPPURAM 679 326.
6. SMT.P.M.RADHAMANI,
HEADMISTRESS,AIDED UPPER PRIMARY SCHOOL (AUP SCHOOL),
PACHERI, MELATTUR, MALAPPURAM.
R1 TO R4 BY GOVERNMENT PLEADER SRI. LIJU STEPHEN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION
ON 31-05-2012, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Kss
C.N. RAMACHANDRAN NAIR, J.
&
C.K. ABDUL REHIM, J.
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W.A No. 763 OF 2012
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DATED THIS THE 31st DAY OF MAY, 2012
J U D G M E N T
Ramachandran Nair, J:
Appellant claims for Headmaster's post in the U.P. School based on seniority was turned down by the Management, confirmed by Educational agency and also by single Judge in the writ petition against which this writ appeal is filed. We have heard Sri. V.A. Mohammed, counsel appearing for the appellant and also gone through the judgment.
2. After hearing the counsel and on going through the judgment what we notice is that the relevant Rule amending the previous one for appointment of Headmaster based on seniority has only prospective application. Further the legal position is that the Rule to be applied is that prevalent as on date of occurrence of vacancy. In this case a Graduate teacher was given priority based on then existing W.A No.763/2012 -2- Rules and the appointment was on 01-05-2002. The amendment based on which appellant claims appointment as Headmaster in preference to the person holding the post came into force only in 2008. Consequently we do not find any merit in the writ appeal and the same is accordingly dismissed.
Sd/-
C.N. RAMACHANDRAN NAIR, JUDGE.
Sd/-
C.K. ABDUL REHIM, JUDGE.
AMG True copy P.A to Judge