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2000 Supreme(SC) 1798

B.N.AGARWAL, G.B.PATTANAIK
M. M. Dolichan – Appellant
Versus
State Of Kerala – Respondent


JUDGMENT

Pattanaik, J.-These batch of cases, some of which are appeals against the judgment of the Kerala High Court, and some others are Writ Petitions directly filed under Article 32 of the Constitution in this Court relate to the same problem, namely, appointment of teachers for teaching class XI and XII and the procedure to be adopted for the same. The Kerala Education Act, 1958 (hereinafter referred to as The Act ), was passed by the Kerala Legislature to provide for better organisation of general education in the State of Kerala. The said Act has been amended from time to time to meet the needs of the situation. The Act made provisions for the aided school, the existing school as well for minority schools. Under the Act, qualification for appointment of teachers have been provided for and mode of appointment of teachers in aided school also has been provided for together with the condition of service of such teachers. Section 36 of the Act confers power on the State Government to make Rules and all such Rules made is required to be laid before the Legislative Assembly for not less than fourteen days, as provided under Section 37. In exercise of the powers under Section 36 th



























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