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XXX XXX XXX 44A. (1) Subject to the provisions contained in Sub-rule (1) of Rule 44, the minimum service qualification for appointment as Headmaster in Aided Complete High Schools/Training schools shall be twelve years of continuous graduate service with a pass in the test in Kerala Education Act and the Kerala Education Rules and a pass in account Test (Lower) conducted by Kerala Public Service Commission.
Provided that Headmasters of High and Training Schools, who were actually holding the said post on the eleventh day of June, 1974 shall stand exempted from passing the Account Test (Lower).
Note:- A period of 8 years from 6-11-1968 is given to Headmasters or Aided Complete High and Training Schools for passing the test in the Act and Rules. All appointments to the posts of Headmasters of Aided Complete High and Training Schools during the period of 8 years from 6-11-1968 shall be provisional. If such persons do not secure the test qualification within the specified period they will be reverted.
xxx xxx xxx
45. Subject to Rule 44, when the post of Headmaster of compete U.P. School is vacant or when an incomplete U.P. School becomes a complete U.P. School, the post shall be filled up from among the qualified teachers on the staff of the School or Schools under the Educational Agency. If there is a graduate teacher with B.Ed, or other equivalent qualification and who has got at least five years experience in teaching after acquisition of B.Ed. Degree he may be appointed as Headmaster provided he has got a service equal to half of the period of service of the senior most under graduate teacher. If graduate teachers with the aforesaid qualification and service are not available in the School or Schools under the same Educational Agency, the senior most primary School Teacher with S.S.L.C. or equivalent and T.T.C. issued by the Board of Public Examination Kerala or T.C.H. issued by the Karnataka Secondary Educational Examination Board, Bangalore or a pass in Pre-degree Examination with pedagogy as an elective subject conducted by the University of Kerala or any other equivalent training qualification prescribed for appointment as primary School Assistant may be appointed.

20. Therefore, we have no hesitation to hold that the ratio of the decision in Sasidharan Nair's case, even though the fact situation in that case required resolution of a dispute in the context of Rule 44A, was rightly extended to promotions under Rule 45 also, as a general proposition of law that, for the purposes of promotion as Headmaster of an aided school, whether of High School or U.P. School or L.P. School, a teacher does not lose the benefit of past service on transfer from one school to another, which is under a different management, for deciding the eligibility conditions prescribed, since the Rule itself does not expressly state that such service shall be in the same school itself. As such, the decision does not need reconsideration as contended by the counsel for the appellant and as opined by the Division Bench in the reference order.

24. For the sake of clarity, we add to the statements of law contained in paragraph 22 of Sasidharan Nair's case, the following:

The words 'provided he has got a service equal to half of the period of service of the senior most undergraduate teacher' appearing in Rule 45 refers to eligibility conditions of both teachers for promotion as Headmaster in the same manner as the words 'minimum service qualification for appointment as Headmaster in Aided Complete High Schools/Training Schools shall be twelve years of continuous graduate service' appearing in Rule 44A and the words 'at least five years experience in teaching after acquisition of B.Ed.' appearing in Rule 45 and a teacher, graduate or undergraduate, on his transfer from one school to another under a different management does not lose the benefit of the service rendered by him in the previous school for the purpose of determining eligibility for promotion to the post of Headmaster both under Rule 44A and 45.