IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 WP(C).No. 6930 of 2011(M) ------------------------- PETITIONER: --------------- RAMACHANDRAN.U,LOWER PRIMARY SCHOOL ASSISTANT, SOUTH NADUVANNUR A.M.U.P.SCHOOL, NADUVANNUR.P.O,NADUVANNUR(VIA),KOZHIKODE DISTRICT- 673616. RESIDING AT "WHITE ROSE",KOTTOOR POST,NADUVANNUR (VIA.),KOZHIKODE-673416. BY ADV. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. THE MANAGER,SOUTH NADUVANNUR.A.M.U.P. SCHOOL,NADUVANNUR.P.O,NADUVANNUR(VIA.), KOZHIKODE DISTRICT-673616. 2. SHRI.P.P.MURALI,PADINHAREPALLIYIL, ORAVIL POST,NADUVANNUR(VIA.),KOZHIKODE-673614. 3. THE ASSISTANT EDUCATIONAL OFFICER, PERAMBRA EDUCATIONAL SUB DISTRICT,PERAMBRA, KOZHIKODE-673525. 4. THE DISTRICT EDUCATION OFFICER,DISTRICT EDUCATIONAL AUTHORITY,THAMARASSERY.P.O, KOZHIKODE DISTRICT-673014. BY GOVT.PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No. 6930 Of 2011 ----------------------------------------------------- DATED THIS THE 7th DAY OF MARCH, 2011 J U D G M E N T The petitioner was appointed as Assistant Teacher in the School managed by the 1st respondent and was regularised with effect from 14.7.1983. It is submitted that the petitioner had acquired the qualifications for being promoted as Headmaster of Lower Primary and Upper Primary Schools. A vacancy arose in the school on 31.3.2010 to the post of Headmaster on the retirement of one Shri K.P.Asokan. The petitioner staked the claim for appointment as per Exhibit P1 letter;but the 2nd respondent was appointed. The petitioner objected to the same before the Educational authority by filing Exhibit P5 representation. Exhibit P6 is the order subsequently passed by the Assistant Educational Officer. The Assistant Educational Officer has taken a view that the appointment of the 2nd respondent was not illegal. But his appointment as a temporary Headmaster was for a period of one year is not permissible under the KER and set aside the appointment. Challenging the same, the petitioner has filed an appeal as per Exhibit P7. W.P.(C)No.6930/2011 -2- 2. There will be a direction to the 4th respondent to take a decision on Exhibit P7 appeal after hearing the petitioner and respondents 1 and 2 within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the Writ Petition along with a certified copy of this judgment before the 4th respondent for compliance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn