Judgment emphasizes adherence to Kerala Education Rules, setting aside previous government orders and directing a fresh review of appointments.
In a significant judgment, the Kerala High Court has directed the State Government to reconsider its decision regarding the approval of By-transfer appointments for Higher Secondary School Teacher (Junior) posts, specifically at the MSM Higher Secondary School, Chathinamkulam. The court's directive came in response to petitions filed by Chinchu Lizen Babu and others, challenging the rejection of their appointments under the By-transfer quota.
The judgment, delivered by Justice N. Nagaresh, emphasized the strict adherence to Rule 4(3) Chapter XXXII of the Kerala Education Rules (KER). This rule mandates that 25% of the total sanctioned posts must be filled through By-transfer appointments based on seniority-cum-suitability, while the remaining 75% are to be filled by direct recruitment. Importantly, the court highlighted that any decimal calculations exceeding 0.5 should be rounded up to the nearest whole number, thereby impacting the calculation of the By-transfer quota.
In the cases presented, the petitioners contended that their rightful appointments under the By-transfer quota were unjustly rejected based on an incorrect interpretation of the quota calculations. The judgment noted that the MSM HSS had 11 sanctioned posts for HSST (Junior), which, when applying the 25% rule, should allow for three By-transfer appointments. This calculation contradicted the government's previous stance, which had limited By-transfer appointments to just two, based on a misinterpretation of the rules as applied to vacancies rather than the total sanctioned posts.
The court set aside the earlier government orders rejecting the petitioners' appointments and directed the first respondent to reconsider the approval process, ensuring that the By-transfer method is applied correctly to the sanctioned strength, not just arising vacancies. Furthermore, the judgment mandates that all affected parties, including the petitioners and other involved individuals, be given an opportunity for a hearing during this reconsideration process.
The court's decision underscores the importance of precise adherence to statutory provisions and clarifies the application of By-transfer quotas within the educational recruitment framework in Kerala. The State Government has been instructed to issue fresh orders within four months, after conducting a thorough review and providing a fair opportunity for all stakeholders to present their cases.
This ruling not only brings relief to the petitioners but also sets a precedent for future recruitment processes, ensuring that all appointments adhere strictly to established rules and guidelines, thereby promoting transparency and fairness in educational appointments.
Bottom Line:
The recruitment of Higher Secondary School Teacher (Junior) posts must strictly adhere to Rule 4(3) Chapter XXXII, Kerala Education Rules (KER), where 25% of the total sanctioned posts are reserved for By-transfer appointments, and the remaining 75% for direct recruitment. Decimal calculations exceeding 0.5 are rounded to the upper whole number.
Statutory provision(s): Rule 4(3) Chapter XXXII Kerala Education Rules (KER)
Chinchu Lizen Babu v. State of Kerala, (Kerala) : Law Finder Doc Id # 2833744
