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TaxTMI 
TaxTMI 
2020 (1) TMI 1738
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....CHANDRAN, J. Whether the test qualification specified in Rule 18(1) of the Kerala Right of Children to Free and Compulsory Education Rules 2011 [for brevity 'the Rules'] is mandatory even for the teachers who have crossed the age of 50 years is the issue arising in the Original Petitions. 2. The petitioners in O.P.(KAT) Nos. 105 and 259 of 2019 are persons qualified in the mandatory tests prescribed. They canvassed for the position that after the Rules came into effect and the prescription made, there can be no Head Teacher appointed without the test qualification which has been specified by the Government. The petitioners in O.P.(KAT) Nos. 181 and 184 of 2019, who were not originally impleaded in the Original Applications bef....
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....lic Service Commission ['PSC' for brevity] and a pass in the test in Kerala Education Act and Kerala Education Rules would be obligatory qualification for promotion of teachers as Head Masters of LP and UP Schools. Hence, as of now there is a specification of the test qualifications required for promotion to the post of Head Teacher and the exemption granted is in conflict with the Rule. The Tribunal held so and we agree with the Tribunal. 5. However, the Tribunal on an interpretation of Rule 18(1) found that the proviso grants three years to a teacher for acquiring the test qualifications. The notification at Annexure 6 having been brought out on 06.03.2018, necessarily the teacher should be granted three years for the purpose o....
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....8(1) and its proviso reads as under: "18. Duties to be performed by Head Teacher and Teachers:- (1) The Head Teacher shall be a person having a minimum of twelve years of teaching experience and possessing pass in such departmental tests and test on Kerala Education Act and Rules as may be specified in that regard. Provided that teachers in service shall be given time upto three years to pass the above tests". 8. As of now there is no dispute with respect to the specification of tests, which have been made as per Annexure A6. The Rule hence requires a Head Teacher to have a minimum of twelve years teaching experience and pass in Accounts Test (Lower) conducted by the PSC as also a pass in the test in KE Act and....
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.... Kumar Singh [AIR 2015 SC 1420], which is as below: "20. Equally, it is settled law that a proviso does not travel beyond the provision to which it is a proviso. Therefore, the golden rule is to read the whole Section, inclusive of the proviso, in such manner that they mutually throw light on each other and result in a harmonious construction". When a proviso cannot travel beyond the provision, then the principle of a proviso not being possible of running contrary to a provision has to be applied in the present case. Mere three years time granted by the proviso cannot result in appointment of persons who are unqualified to the post of Head Teacher. 11. Sub-Rule(1) of Rule 18 categorically provides the qualification for a Head....
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....has to be reverted and the senior promoted as Head Teacher. The pay drawn by the Junior in the post of Head Teacher, in the interregnum would be his entitlement and the senior would be entitled to the higher pay and allowances, if at all there is any in the post of Head Teacher, only from his/her date of promotion. 13. Otherwise, when an unqualified person is posted as Head Teacher and he/she does not qualify within the three year period or before his retirement which may occur within the three year period, the junior qualified teacher would be prejudiced insofar as not being given the higher post or the benefits attached to that post despite his satisfying every qualification as provided in the Rule. The unqualified senior would also ge....