The specific provision in Rule 1(3) regarding the mode of appointment in schools managed by Panchayats must be given precedence over the general provision in Rule 11, influencing the court's decision to uphold the government circular.

In this Original Petition petitioner is challenging Ext. P3 circular issued by the Government in which it was directed that in every school under the management of a Panchayat teaching and non-teaching staff shall be appoint* July through Employment Exchange.

2. Petitioner is a member of the Pattyam Pan.. have in Kannur District. The Panchayat is running a school by name P. G M.High School. According 10 the petitioner it is in a remote village area and there are no facilities for the stay of teachers coming from other parts of the District. Therefore it is not easy to get the services of efficient teachers to work in the school. Moreover. It takes time to fill up the position Compliance with the rules under the Kerala Education Rules. According to the Kerala Education Rules the teachers are to be recruited through Employment Exchange but it takes time. To avoid such a situation. the Panchayat is prepared to get experienced teachers who are willing to come to the school on inter-management transfer. According to the petitioner. by making such appointments the school will get the services of experienced hands. Ext. P3 the Government restrained the Panchayats from making appointments otherwise than through Employment Exchange and it is challenged by the petitioner on the ground that by Ext. P3 their right to appoint teachers by inter-management transfer under Rule 11 of Chapter XIV-A is a feeted and therefore the same is liable to be set aside.

3. As staled earlier. the validity of Ext. P3 is the question to be decided in this Original Petition. That will depend upon the interpretation of Rule 1(3) of Chapter XIV-A and Rule 11. Chapter XI V-A deals with conditions of Service of Aided School Teachers and Rule therefore deals with the mode and method of appointment of staff in the school. Rule 1(3) of Chapter XIV-A specifically deals with appointment of teachers in schools managed by Punchuyuls and R.1 (3) is to the following effect: -

"Subject to rule 51-A. the appointment of teachers in schools managed by Panchayats shall be made from among the qualified hands advised by the employment Exchange".

Rule 11 of Chapter XI V-A deals with transfer of teachers from the management of one Educational Agency to another school under a different Educational Agency. Rule 11 reads as follows: -

"11. (1) A teacher serving in any school under one Educational Agency may be 'transferred to a school under another Educational Agency with the previous approval of the District Educational Officer provided the two educational Agencies and the teacher agree is writing; and in such cases the number and the date of the order of me District Educational Officer containing the approval -"^11 be quoted in the last Pay Certificate.

(2) A teacher serving in any Government School may be transferred to an aided school with the previous approval of Government provided the Educational Agency and the teacher agree in writing and in such cases the number at date of the order of Government containing the approval shall be quoted in >he Last Pay certificate".

It can be seen that Rule 1 deals with sir.; mode or method of appointment and a specific provision is made in Rule 1 (3) as to how appointment of teachers shall be made in school; managed by Panchayats. Thai rule provides to the appointment of teachers in schools managed by Panchayats shall be made from among the qualified hands advised by the Employment Exchange. This is a special provision in regard to schools owned by Panchayats and the mode or method of appointment is also mentioned therein. Rule 1 i deals with inter-management transfer of teachers which provides for transfer of a teacher working in any school under one Educational Agency to a school under another Educational agency. Rule 11 does not deal with the mode or method of appointment but it is only a provision for making transfers from one Educational Agency to another. When there is a special provision regarding the mode or method of appointmen