Appellant thereupon filed a writ petition in the High Court of Kerala for a writ of mandamus to the management of the school to appoint him as Headmaster, Learned Single Judge of the High Court, who heard the writ petition, alllowed it and issued a direction as prayed for by the appellant.
Appellant was appointed as a teacher High School Assistant HSA as it is called in the school on 3 6 1982, and in June 1991 he become the seniormost teacher there.
But the management, instead of acceeding to the aforesaid request, brought 4th respondent who was a graduate teacher having larger period service than the appellant from another school as per a transfer order which was approved by the department on 5 6 1994, and appointed him as Headmaster of the school.
Some undisputed factual features are these The school was declared by the Government as a Muslim Minority Community School as per G.O. RT 2959/94/G. Edn.
It was then that the appellant filed the writ petition for issuing appropriate directions including a direction to sent 4th respondent back to the school wherefrom he was brought.
One of the requisites for the post of Headmaster, as per the relevant rules, is that he must possess a minimum service qualification of 12 years of companytinuous graduate service.
None in the teaching staff of the school, including the appellant, was qualified to be appointed as Headmaster then.
But a Division Bench of the High Court reversed that judgment and dismissed the write petition.
The post of Headmaster of the school fell vacant during that time.
Appellant would have companypleted the said period of 12 years only in June 1994.
The DEO also sent a companymunication to the management requesting them to promote and appoint a qualified seniormost HSA as Headmaster with immediate effect.
At his instance, the District Education Officer DEO interfered but of numberavail.
The school is Emjay Vocational Higher Secondary School.
This move was stiffly resisted by the appellant who is the seniormost teacher in the school.
Nonetheless, appellant was put in charge as Headmaster of the school with the approval of the DEO companycerned.
Valliapplli Taluk Calicut District, Kerala hereinafter referred to a the school .
When appellant companypleted the required period for service qualification he pressed the management to appoint him as regular Headmaster.
Hence, appellant has companye up to this Court seeking special leave to appeal.
Some more facts will be advantageous to focus on the point in dispute.
It is an aided school and is governed by the provisions of the Kerala Education Act, 1958 for short the Act .
