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Showing contexts for: high school headmaster aided school in A.Narayanan vs Vijayalakshmi P on 16 February, 2024Matching Fragments
P.B.Suresh Kumar, J.
The above matters are placed before this Full Bench on a reference by a Division Bench doubting the correctness of the decisions of two other Division Benches, one in Pavandoor Higher Secondary School v. Sadanandan, 2016 (4) KLT 207 and the other in Harifa Beevi Kallan v. The Manager, PPM Higher Secondary School and Others (W.A.No.925 of 2019).
2. The disputes in Sadanandan and Harifa Beevi Kallan relate to the appointment of Headmasters of Aided High Schools governed by Rule 44A(1) of Chapter XIVA of the Kerala Education Rules, 1959 (Rules) framed under the Kerala Education Act (Act), 1958. Rule 44A(1) as it stands now, excluding the Explanations and Note to the same, reads thus:
"(1) Subject to the provisions contained in sub-rule (1) of rule con. cases 44, the minimum service qualification for appointment as Headmaster, Headmistress, Vice Principal in Aided Complete High Schools/Training schools shall be twelve years of continuous graduate service with a pass in the test in the Kerala Education Act and the Kerala Education Rules and a pass in account Test (Lower) conducted by Kerala Public Service Commission.
Provided also that, notwithstanding anything contained in the second proviso, in the case of appointment to the post of Headmaster, Headmistress, Vice Principal preference shall be given to those teachers who have acquired the test qualifications specified in this Rule.
Explanation I: xxx Note: xxx Explanation II: xxx "
As explicit from the extracted provision, the sub-rule prescribes the minimum service qualification for appointment as Headmaster in Aided Complete High Schools/Training Schools.
9. Before dealing with the questions aforesaid, it is necessary to give an indication as to how Rule 44A(1) introduced in the Rules as early as on 31.01.1968 transformed con. cases to its present form, from its original form. Rule 44A is a provision intended to prescribe qualification for appointment as Headmaster in Aided Complete High Schools/Training Schools and when the same was introduced for the first time, it only provided that twelve years of continuous graduate service is necessary for appointment. The test qualification namely, a pass in the test in the Act and Rules was added to the Rule by way of an amendment only on 06.11.1968. Later, on 07.08.1976 the test qualification namely, a pass in Account Test (Lower) conducted by Kerala Public Service Commission was also added to the Rule by way of another amendment. The second proviso to Rule 44A(1) was added to the Rule much later with effect from 02.03.1982, exempting permanently, the teachers who have attained the age of 50 years from acquiring test qualifications. As noted, it is thereafter that the third proviso was introduced to the Rule on 13.12.2017 with retrospective effect from 01.06.2015 providing further that notwithstanding anything contained in the second proviso, preference shall be given to those teachers who have acquired test qualifications.