Chapter XXXII Of Kerala Education Rules Shall Alone Be Applicable While Making Recruitment To Teaching Posts: SC [Read Judgment]

‘The Statutory Scheme as delineated by Chapter XXXII of Kerala Education Rules shall alone be applicable while making recruitment to the teaching posts and Rule 5 Note (3) of Kerala State and Subordinate Services Rules, 1958 is not attracted.’

The Supreme Court has reiterated that the Statutory Scheme as delineated by Chapter XXXII of Kerala Education Rules shall alone be applicable while making recruitment to the teaching posts and Rule 5 Note (3) of Kerala State and Subordinate Services Rules, 1958 is not attracted.

In VK Girija vs. Reshma Parayil, the bench comprising Justice Ashok Bhushan and Justice Ajay Rastogi upheld the judgment passed by a division bench of the Kerala High Court which had followed the dictum laid down in Maya Mathew vs. State of Kerala.

While reversing the single bench order, the division bench had observed that Rule 5 of Kerala State and Subordinate Service Rules, 1958 has no application and the vacancy of Higher Secondary School Teacher was to be filled up by transfer.

Referring to Maya Mathew judgment, the bench observed that the said decision is fully attracted since Chapter XXXII of the Kerala Education Rules was inserted in the year 2011 in the Rules, much subsequent to Kerala State and Subordinate Services Rules, 1992.

 “This Court clearly held that principle laid down in S. Prakash and Another vs. K.M. Kurian and Others, (supra) and Prasad Kurien and Others Vs. K.J. Augustin and Others, (supra) shall not apply where the Special Rules are made subsequent to the General Rules. The ratio laid down in the above case is fully applicable in the facts of the present case. Thus, the Statutory Scheme as delineated by Chapter XXXII of Kerala Education Rules shall alone be applicable while making recruitment to the teaching posts and Rule 5 Note (3) of Kerala State and Subordinate Services Rules, 1958 is not attracted.”

Upholding the high court order, the bench said Girija has no right to hold the post of Higher Secondary School Teacher (Economics) and on the said post, Reshma is to be appointed as per the direction of the state government.

“In the ends of justice, We, however, observe that the appellant, if willing to work on the post, at present, held by the respondent No.1, the respondents shall adjust her and allow her to work on the post occupied by the respondent No.1 w.e.f. the same date, i.e. 26 01.01.2019. In event, the appellant does not accept the aforesaid post, it shall be open for the respondents to proceed in accordance with law,” the bench added.