IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WP(C).No. 35983 of 2005(H) ---------------------------------------- PETITIONER(S): ---------------------- C. KESAVAN NAMBOODIRI, S/O. VISHNU NAMBOODIRI, AGED 51 YEARS, PRINCIPAL, RAMAKRISHNA MISSION HIGHER SECONDARY SCHOOL, P.O. ARTS & SCIENCE COLLEGE KOZHIKODE-673 018. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SHANTHI NAGAR, THIRUVANANTHAPOURAM-1. 3. THE MANAGER, RAMAKRISHNA MISSION HIGHER SECONDARY SCHOOL, P.O. ARTS & SCIENCE COLLEGE, KOZHIKODE-673 018. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.35983/2005 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE G.O.(RT)NO.2678/2004/G.EDN OF THE GOVERNMENT. P2 COPY OF THE ORDER NO.ACD.A3/20279/HSE/04 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.35983 Of 2005 ----------------------------------------------------- DATED THIS THE 23rd DAY OF FEBRUARY, 2011 J U D G M E N T The petitioner is aggrieved by Exhibit P2 order passed by the 2nd respondent whereby the approval of appointment as Principal is given effect only from 14.12.2004. 2. The petitioner was promoted as HSST on 1.8.2000. It is stated in the Writ Petition that a vacancy of Principal arose in the school from 1.7.2002. The petitioner claims that the vacancy arose on 27.12.2001, the date on which the then Headmistress entered leave prior to her retirement and that she had retired from service on 30.6.2002. The petitioner approached the Government in the matter and by Exhibit P1 order, the Government directed the Manager to give placement to the petitioner as Principal of the School. Accordingly, he was appointed, being the seniormost HSST in the school. 3. The learned counsel for the petitioner submitted that the question is covered by the decision of the Full Bench of this Court in Aided Higher Secondary School Teachers Association v. State of Kerala (2005 (1) KLT 94 (F.B.)). The W.P.(C)No.35983/05 -2- Full Bench after elaborate consideration of the matter held thus in paragraphs 6 and 8: “The Government is bearing expenses for the Government Schools as well as for Aided Schools. Because of the financial difficulties, some infrastructural facilities and services of staff were allowed to be shared. With regard to such facilities, Principals and Head masters were given equal charge. Therefore, we are of the opinion that the administrative orders passed on 16.12.2003, 14.5.2004, 14.6.2004, 11.8.2004 etc. have no conflict with Chapter XXXII of K.E.R. or Special Rules. Statutory rules itself indicate that post of Headmaster is continuing even after the Higher Secondary School is attached to it though name of the School is changed as Higher Secondary School. As per the provisions of K.E.R. and Special Rules for Government Schools, there should be a Headmaster for the High School Section and there is no conflict or contradiction between the Government Orders passed and Statutory Rules. Administrative orders challenged in the Writ Petitions are also not in conflict with the provisions of K.E.R. or Special Rules. They are made to clarify the position and the matter is still in transitional stage. It is true that Headmasters who were redesignated as Principals on the basis of ad hoc orders and are not educationally qualified, have to go back as Headmasters. They will continue as Headmasters of High School Division upto standard 10 and they cannot claim to be the Principals of Higher Secondary Schools. But those Headmasters who are educationally qualified when Special Rules framed and are continuing as Principal even today shall be allowed to continue, but their ratio has to be adjusted in the W.P.(C)No.35983/05 -3- subsequent or other vacancies. But that benefit is not available to those Headmasters who are not continuing as on today as Principals and those Headmasters who were not educationally qualified when relevant rules came into force. After framing of the rules recruitment has to be made strictly as per the statutory rules. Hence those persons appointed or placed as Principals after statutory rules came into force have to vacate the office. We also make it clear that the post of Principal is compulsory in the Higher Secondary Schools as without the head of the institution, it cannot function. Post of Principal is an essential pivotal post. Therefore, Government is directed to give sanction and approval to the post of Principal expeditiously so that no Higher Secondary School shall work without a regular Principal. That post is made compulsory as per the Rules and classified as category No.I. We also direct the Managers to make appointment of Principal strictly on the basis of the rules framed as per Chapter XXXII and submit the matter for approval to the Government. The services of Headmasters who are continuing without the requisite qualification as prescribed under Chapter XXXII on the date of coming into force of the Rules, should be terminated forthwith and they will go back as Headmasters. Management and Educational Authority are also directed to see that appointments are made strictly as per the Rules after enforcement of the Statutory Rules.” Therefore, the matter will have to be reconsidered by the 2nd respondent in terms of the direction issued by the Full Bench. To enable the 2nd respondent to reconsider the matter, Exhibit P2 order whereby the approval is restricted from 14.12.2004 is W.P.(C)No.35983/05 -4- quashed. Fresh orders will be passed by the 2nd respondent after hearing the petitioner and the Manager within a period of two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge