Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kerala Education Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Kerala Education Rules-Chapter XIV(A)-Rule 51(A)- Teacher-Appointment to a permanent vacancy-Scope of Note appended to section-Whether a teacher who had worked in a temporary vacancy earlier has a preferential right over a teacher who worked later in the same school. Statutory Interpretation-Note to a Rule-Although not having binding effect has persuasive force. Rule 51 (A) of Chapter XIV(A) of the Kerala Education Rules provided that qualified teachers who are relieved as per Rules 49 or 52 or on account of termination of vacancies shall have preference for appointment to future vacancies In schools under the same Education Agency. A Note was appended to this Rule on 4.7.1972 which provided that if there are more than one claimant under this Rule the order of the preference shall be according to the date of first appointment. If the date of first appointment is the same, then preference shall be decided with reference to age, the older being given the first preference. In making such appointment, due regard should be given to requirement of subjects and to the Instructions issued by the Director under sub-Rule( 4) of Rule 1 as far as High Schools are concerned. The appellant, who was duly qualified, was appointed as a teacher in a temporary vacancy in the school of the first respondent from 13.1.1970 and her appointment was approved by the District Educational Officer, the second respondent. On the vacancy being ceased to exist she went out of job on 16.3.1970. She again worked In a further vacancy from 22.8.70 to 17.12.1970. She went out of service when this vacancy ceased. Respondent No. 4, another teacher, worked in the same school in another leave vacancy from 1.9.1970 to 26.11.1970. In the academic year 1971-72 a permanent vacancy arose for Social Studies. The appellant being a Social Studies teacher made a H representation claiming appointment against that vacancy. But the first respondent appointed the 4th respondent. On a complaint being made by the appellant, the second respondent found the appointment of the 4th respondent irregular and held that the legitimate claimant for the permanent post was the appellant and, therefore, did not approve the appointment of the 4th respondent. The Regional Deputy Director of Public Instructions, respondent No.3, allowed the appeal of the management. The appellant filed a petition under Article 226 challenging the validity of the order passed by the third respondent, inter alia, contending that she bad a preferential claim and that the appointment of the 4th respondent was illegal.A Single Judge dismissed the petition on the ground that Rule 51(A) conferred a right on the appellant for appointment in the future vacancies in the school and it did not restrict the right of the management to. make his own choice among the thrown out teachers. The Division Bench also dismissed the appeal preferred by the appellant. |
Judge | Hon'ble Mr. Justice V. Khalid |
Neutral Citation | 1987 INSC 63 |
Petitioner | Smt. Mary Oommen |
Respondent | Manager, M.g.m. High School, Kuruppampaddy, Kerala & Ors. |
SCR | [1987] 2 S.C.R. 436 |
Judgement Date | 1987-02-25 |
Case Number | 1284 |
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