Actual teaching experience governs Headmaster eligibility; study leave cannot be counted against statutory qualification rules.

Rule 45 of the Kerala Education Rules requires a graduate teacher with B.Ed. or equivalent qualification and five years' actual teaching experience after acquiring the degree for appointment as Headmaster. The period spent on study leave could not be counted as teaching experience because the rule demands real teaching service, not deemed service. A later administrative circular on leave benefits could not override the statutory eligibility requirement. The minority-institution argument was unavailable because the institution had not challenged the rule's applicability and the validity of Rule 45 was not under attack. On that basis, the appellant was not eligible for consideration as Headmaster.

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Issues: (i) Whether the appellant's period of study leave could be counted as teaching experience for appointment as Headmaster under Rule 45 of the Kerala Education Rules, and whether the minority-institution contention could alter the result.

Analysis: Rule 45 requires, as a condition precedent, a graduate teacher with B.Ed. or equivalent qualification and at least five years' teaching experience after acquisition of the degree. The requirement is of actual teaching experience, not deemed service. The appellant was on study leave during the relevant period and did not teach during that time, so that period could not be included for computing eligibility. A later administrative circular on leave benefits could not override the statutory rules. The minority-institution argument was not available to the appellant, since the institution itself had not challenged the applicability of the rule, and the validity of Rule 45 was not under attack.

Conclusion: The appellant was not eligible to be considered for appointment as Headmaster, and the challenge to the impugned appointment failed.

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