V. K. GIRIJA V. RESHMA PARAYIL & ORS. versus RESHMA PARAYIL & ORS.

V. K. GIRIJA V. RESHMA PARAYIL & ORS. versus RESHMA PARAYIL & ORS.

Chapter XXXII of Kerala Education Rules, 1959 is the prevailing statutory scheme for appointment in aided Higher Secondary Schools. Rule 4(2) requires vacancies for Higher Secondary School Teacher to be filled first by transfer. Rule 5(3) of the Kerala State and Subordinate Services Rules, 1958 does not apply. Division Bench correctly directed appointment by transfer.

Parties
Appellant: V. K. Girija; Respondent No. 1: Reshma Parayil; Respondents: Other respondents
Jurisdiction
India
Judgment Date
04 December 2018
Procedural Posture
Civil Appeal / Final Judgment After Appeal Against Kerala High Court Division Bench
Outcome
Appeal dismissed
Legal Topics
Appointment of Higher Secondary School Teacher, Direct Recruitment Vs. Transfer, Kerala Education Rules, 1959, Kerala State and Subordinate Services Rules, 1958
Service Law Appointment of Higher Secondary School Teacher Direct Recruitment Vs. Transfer Kerala Education Rules, 1959 Kerala State and Subordinate Services Rules, 1958

Case Brief

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Parties

V. K. Girija

Appellant

Reshma Parayil

Respondent No. 1

Other respondents

Respondents

Procedural Posture

Civil Appeal / Final Judgment After Appeal Against Kerala High Court Division Bench

Legal Issues

  1. 1 Whether appointment to the post of Higher Secondary School Teacher should be by transfer or direct recruitment
  2. 2 Whether Kerala State and Subordinate Services Rules, 1958 or Kerala Education Rules, 1959 govern the appointment

Ratio Decidendi

Chapter XXXII of Kerala Education Rules, 1959 is the prevailing statutory scheme for appointment in aided Higher Secondary Schools. Rule 4(2) requires vacancies for Higher Secondary School Teacher to be filled first by transfer. Rule 5(3) of the Kerala State and Subordinate Services Rules, 1958 does not apply. Division Bench correctly directed appointment by transfer.

Court Disposition

Appeal dismissed

Orders

  • Management is directed to appoint respondent No. 1 as Higher Secondary School Teacher (Economics) on or before 31.12.2018 so she may join on 01.01.2019.
  • Appellant may be adjusted on the post currently held by respondent No. 1 from the same date, if willing. If not, respondents may proceed in accordance with law.