Kerala Education Rules – Chapter XXXII, r.6(2)(24)(iii) – Interpretation – Essential qualifications for appointment as Higher Secondary School Teachers-HSST – Appellant having Bachelor’s degree and Master’s degree in Economics, B.Ed. in Social Sciences and State Eligibility Test-SET qualification in Malayalam appointed as Higher Secondary School TeacherHSST (Economics) by competent authority– Respondentauthorities declined to approve the appointment of the appellant as HSST (Economics) on the ground that the appellant neither had the requisite SET qualification in Economics nor had ten years of experience as a High School Teacher to avail the exemption of mandatory SET qualification in the concerned subject – Writ petition by the appellant seeking quashing of the order and direction to respondent-authorities to approve his appointment as HSST – Single Judge dismissed the petition and declared that the appellant was not qualified for appointment to the post of HSST (Economics) and directed the authorities to consider the claim of respondent no. 4 for appointment as HSST (Economics) if found entitled – Upheld by the Division Bench – Correctness:
Held: When r.6.2(24)(iii) is read with the prospectus of the SET examination, particularly Clause 2 of the prospectus, it can be safely said that the candidate is required to pass SET in the concerned subject to qualify for the appointment to the post of HSST in the said concerned subject – Even though in r.6.2(24) (iii), the words “in the concerned subject” are missing, the said Rule cannot be interpreted in isolation and the textual omission has to be inferred from context, purpose and scheme of the provision – Thus, the said clause is required to be interpreted in the said manner and possession of SET qualification in any other subject unrelated to the teaching post, does not suffice the statutory eligibility criteria – Concerned candidate is required to pass SET in the concerned subject – Appellant, though having Bachelor’s Degree as well as Master’s Degree in Economics, passed SET in Malayalam, whereas, respondent no. 4 is having the degrees of Bachelor’s and Master’s in Economics as well as the SET qualification in Economics – Thus, respondent no. 4 is fulfilling all the required eligibility criteria including the SET qualification in the concerned subject – Also, the appellant has completed 09 years
10 months and 14 days service, i.e., less than ten years which is the minimum prescribed by the Rules and, thus, the appellant not entitled to seek an exemption u/r.10(4) of Chapter XXXII – Thus, the High Court did not commit any error in affirming the decision of the Single Judge, wherein it was declared that the appellant is not qualified for appointment to the post of HSST (Economics) in a vacancy that arose in the concerned school and respondent no. 4 is eligible for appointment as HSST (Economics) in the school w.e.f. 01.06.2021, with all consequential benefits, if found entitled. [Paras 25-27]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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