Lakshmi Devi P.N vs The Commissioner on 19 December, 2013
of its recognized school and that the school is bound by the
mandate of the CBSE Regulations and Rules, that the school shall be
governed by the corresponding State rules regulating educational
institutions. Accordingly it is contended that the school is regulated
by the provisions of the Kerala Education Rules (KER), from the
inception of its affiliation to the CBSE. On this basis also, it is
contended that on the basis of Rule 37 of Chapter XIV-A KER, the 4th
respondent had a superior claim in the matter of seniority and
promotion at the time of occurrence of the vacancy of H.S.A. (Hindi)
on 24.10.1997. We are of the view that it is not necessary to
adjudicate on these rival pleas of the appellant and the 4th
respondent on these issues, in view of our considered opinion that
the promotion granted to the 4th respondent on 25.11.1997 could
not have been lawfully disturbed by the issuance of Ext.P-8 order
dated 5.6.2006, which is nine long years after the said promotion.
This Court in Ext.P-11 judgment has held that the above said order
of reversion inflicted on the 4th respondent after nine long years is
arbitrary. Though it is observed in Ext.P-11 judgment that Writ
Petition under Art. 226 of the Constitution is not maintainable, the
said judgment as per Ext.P-11 does not in any way preclude the
W.A.244/14 - : 25 :-