JENANY J.R. versus S. RAJEEVAN & ORS.

JENANY J.R. versus S. RAJEEVAN & ORS.

The relevant date for possessing the prescribed qualification under Rule 43 Note 2 of Kerala Education Rules, 1959 is the date when the vacancy occurs, not the date of actual appointment or joining; as respondent No.1 was not qualified on that date, the appellant's appointment was valid.

Parties
Appellant: Jenany J.R.; Respondent No.1: S. Rajeevan; Respondents: Others
Jurisdiction
India
Judgment Date
03 May 2010
Procedural Posture
Civil Appeal / Appeal From Division Bench of High Court of Kerala Decision in W.a. No. 2425 of 2005
Outcome
Appeal allowed; Division Bench High Court order set aside; Order of Single Judge restored.
Legal Topics
Kerala Education Rules 1959 – Rule 43 Note 2, Prescribed Qualification Date for Appointment, Promotion in School Education Service
Service Law Kerala Education Rules 1959 – Rule 43 Note 2 Prescribed Qualification Date for Appointment Promotion in School Education Service

Case Brief

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Parties

Jenany J.R.

Appellant

S. Rajeevan

Respondent No.1

Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench of High Court of Kerala Decision in W.a. No. 2425 of 2005

Legal Issues

  1. 1 Whether the relevant date for possessing the prescribed qualification for promotion under Kerala Education Rules, 1959, Rule 43 Note 2 is the date of occurrence of vacancy or the date of appointment.

Ratio Decidendi

The relevant date for possessing the prescribed qualification under Rule 43 Note 2 of Kerala Education Rules, 1959 is the date when the vacancy occurs, not the date of actual appointment or joining; as respondent No.1 was not qualified on that date, the appellant's appointment was valid.

Court Disposition

Appeal allowed; Division Bench High Court order set aside; Order of Single Judge restored.

Orders

  • Division Bench order dated 6.8.2008 in W.A. No. 2425 of 2005 set aside and quashed.
  • Order of learned Single Judge restored.