IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 22488 of 2008(B) --------------------------------------- PETITIONER(S): ------------------------- K.LEENA, AGED 39 YEARS, W/O.RAMESAN, LOWER PRIMARY SCHOOL ASSISTANT CHOMPALA NORTH L.P.SCHOOL, CHOMPALA, KOZHIKODE DISTRICT. BY ADVS.MR.V.A.MUHAMMED MR.K.E.HAMZA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT EDUCATIONAL OFFICER, VADAKARA, KOZHIKODE DISTRICT. 3. THE ASSISTANT EDUCATIONAL OFFICER, CHOMPALA,KOZHIKODE DISTRICT. 4. SRI.K.M.SUDHAKARAN, HEADMASTER (TEMPORARY), CHOMPALA NORTH L.P.SCHOOL, CHOMPALA, KOZHIKODE DISTRICT. 5. THE MANAGER, CHOMPALA NORTH L.P.SCHOOL, CHOMPALA, KOZHIKODE DISTRICT. R1 TO R3 BY GOVT. PLEADER SMT.T.B.RAMANI R4 BY ADV. DR.GEORGE ABRAHAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.22488/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REPRESENTATION OF THE PETITIONER DTD. 16.7.06. P2- COPY OF THE DO. DO. DTD. 25.9.06. P3:- COPY OF THE ORDER NO.E.4414/06 OF THE ASST. EDL. OFFICER, CHOMBALA DTD. 3.8.06. P4:- COPY OF THE ORDER NO.B6.11014/04/K.DIS. OF THE DIST. EDL. OFFICER, DTD. 18.2.05. P5:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC. 27411/06. DTD. 18.10.06. P6:- COPY OF THE ARGUMENT NOTES OF THE PETITIONER DTD. NIL. P7:- COPY OF THE G.O.(RT) NO.2936/08/G. EDN. OF THE GOVERNMENT DTD. 26.6.08. P8:- COPY OF THE STAFF FIXATION ORDER NO.D.DIS D-3096/05 OF THE ASST. EDL. OFFICER DTD. 11.7.05. P9:- COPY OF THE DECISION REPORTED IN 1991 (1) K.L.T. 337(F.B.). DTD. 25.1.91. P10:- COPY OF THE DECISION REPORTED IN 2001(2) K.L.T. 273. DT. 11.4.01. TRUE COPY P.A. TO JUDD tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.22488 OF 2008 --------------------------------------- Dated this the 14th day of October, 2009. J U D G M E N T The challenge in this writ petition is against Exhibit P7 order by which the 4th respondent was allowed to continue as Headmaster temporarily until a qualified teacher is available in the school or in schools under the Educational Agency as per Rule 45(c)(1) Chapter XIV A of Kerala Education Rules. It was further ordered that the 4th respondent in that case namely, Smt.Leena is not entitled to be considered for the post of HM as she is a protected teacher. The 4th respondent therein is the petitioner in this writ petition. 2. It is averred in the writ petition that the vacancy of Headmaster arose on 01.04.2003 due to the retirement of Sri.K.K.Kunhikrishnan. The petitioner became qualified on 10.08.2005. It is pointed out that the petitioner is not a protected teacher, as mentioned in Exhibit P7. In that view of the matter, Exhibit P7 is quashed. There will be a direction to the 1st respondent to reconsider the matter in W.P.(C) No.22488/2008 2 the light of the relevant staff fixation orders and in accordance with the relevant rules. Appropriate orders shall be passed, after hearing the petitioner and respondents 4 and 5, within a period of two months from the date of receipt of a copy of this judgment. Till orders are passed, the 4th respondent will continue as Headmaster in charge. This writ petition is accordingly disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp