The Hindu : Kerala News : Status quo on KV principals' issue ordered

Online edition of India's National Newspaper
Thursday, Nov 25, 2004

Kerala

Kerala

Status quo on KV principals' issue ordered

By Our Staff Reporter

THIRUVANANTHAPURAM, NOV. 24. The Central Administrative Tribunal (CAT), has ordered that `status quo' be maintained, with reference to the continuance in office of the principals of five Kendriya Vidyalayas (KVs) in Kerala, till December 6, 2004, the date on which the petition submitted by them will come up for hearing.

The order was issued on Tuesday by S. K. Hajra, Administrative Member and K. V. Sachidanandan, Judicial Member, of the Ernakulam Bench of the CAT, based on separate applications submitted by the principals of five KVs in Kerala.

Questioned

The principals had questioned the decision of the Union Ministry of Human Resource Development (MHRD), effecting cancellation of appointment orders of over 300 KV principals and repatriating them to their parent cadre.

The Ministry had also simultaneously announced that a drive would be launched to fill the backlog of vacancies of principals from the Scheduled Caste and Scheduled Tribe categories, to be followed by a general recruitment for all categories to fill up the remaining vacancies. It had also been decided to amend the Recruitment Rules for principals of KVs.

Subsequent to these decisions of the MHRD, the Commissioner, K.V. Sangathan, is believed to have issued orders terminating the appointment of the petitioners as principals.

Questioning this action, they maintained that their appointments were made in exercise of the powers of the Commissioner, KVS, to appoint principals, which had been cleared at the 65th meeting of its Board of Governors, held on March 19, 1999.

Procedures followed

They had been selected and appointed after following the procedures prescribed and on having been found that they possessed the required qualification and experience. They had also been subjected to written examination/screening and interview, by the selection committee.

Since they had been appointed on deputation basis, they could not be terminated from the post prematurely, before the period of appointment was over, otherwise than by way of punishment. The decision of termination would have adverse civil consequences such as loss of self-esteem and service benefits and status in the eyes of colleagues, parents and students, apart from monetary loss.

They also submitted that no law was made by the State, providing for reservation in favour of SCs/STs, in the matter of appointment to the post of principals of KVS and therefore, their appointments could not be said to be made contrary to the reservation rules.

Even though the cancellation of their appointment had been ordered in view of the proposed amendment to be made providing reservation in favour of SCs and STs, till the rules were amended, the existing rules would apply. As and when amendment to the rules was effected providing for reservation, it would be prospective in nature and could not impugn upon the accrued or the vested right of the persons already selected and appointed. There were no legal grounds to lead to the conclusion that the appointments already made were either illegal or inoperative, they further submitted.

Further, they had not been issued with any notice before terminating the appointment as principal nor had they been afforded an opportunity of being heard before the order of termination was issued. It was a clear violation of the principles of natural justice and the order of termination was void and inoperative, they contented.

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