Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | preferential appointment Service law Kerala Education Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Kerala Education Act, 1958 (6 of 1959) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law: Kerela Education Rules — r. 51A, r. 7A(3)(amended) — Preferential appointment — 5th respondent worked in the appellant's school in 3 different spells between 1997 and 1998 for a total period of two months and 19 days — Vacancy in the post of High School Assistant in social science in the year 2010, consequent to the retirement of a teacher — Subsequently, appointment of 6th respondent - Challenge to, by the 5th respondent relying upon a rule which provided for preferential appointment to some categories of qualified teachers who had the fortune of working earlier in the school - High Court allowed the writ petition — Direction to appellant- Management of private aided school to issue appointment order to 5th respondent as a teacher in its school — On appeal, held: After amendment to r. 7A(3) by Notification dated 16.04.2005, a qualified teacher cannot be said to have been engaged in a vacancy which stood terminated unless the duration of which was one full academic year -Though prior to the amendment of r.7A(3), the 5th respondent did satisfy the unamended r. 7A(3) by having been engaged in a vacancy as a qualified teacher for a period of two months, but there was no occasion to raise a claim for any preferential appointment — It cannot be said that the right which was available under the unamended r. 7A(3) alone would remain and not the lav that prevailed at the time when the 5th respondent staked her claim for preferential appointment in the year 2010 — After 12 years when the 5th respondent sought to enforce her right u/r, 51A, amendment to r.7A(3) expressly disentitled a qualified teacher to claim to be categorised under “on account of termination of a vacancy” — Vested right did not accrue to the 5th respondent as early as in year 1998- in terms of amendable r. 7A(3) r/w r. 51A, if one were to be brought under the category of qualified teacher relieved on account of termination of vacancies, the amended r.7A(3) that such engagement lasted for one clear academic year, was to be satisfied- 5th respondent did not satisfy the said requirement, thus, her claim u/r. 51A for a preferential appointment cannot be allowed. Relief granted to the 5th respondent not sustainable and is set aside. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2016 INSC 95 |
Petitioner | The Manager, Vknm Vocational Higher `secondary School |
Respondent | The State Of Kerala And Others Etc. |
SCR | [2016] 1 S.C.R. 343 |
Judgement Date | 2016-01-27 |
Case Number | 518-519 |
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