IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22488 of 2008(B)
1. K.LEENA, AGED 39 YEARS, W/O.RAMESAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DISTRICT EDUCATIONAL OFFICER,
3. THE ASSISTANT EDUCATIONAL OFFICER,
4. SRI.K.M.SUDHAKARAN, HEADMASTER
5. THE MANAGER, CHOMPALA NORTH L.P.SCHOOL,
For Petitioner :SRI.V.A.MUHAMMED
For Respondent :DR.GEORGE ABRAHAM
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :14/10/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.22488 OF 2008
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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