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2006 Supreme(Ker) 866

K.A.ABDUL GAFOOR, K.P.BALACHANDRAN
Ajithakumari – Appellant
Versus
Shamma – Respondent


JUDGMENT

K. A. Abdul Gafoor,

1. The first among these two writ appeals is by a contesting respondent, who got impleaded in the writ petition and the remaining is by the State. They are aggrieved by the direction issued by the learned Single Judge to report all the vacancies of Higher Secondary School Teachers (for short 'HSST') born on the Kerala Higher Secondary Education State Service, for which Special Rules have been issued as per SRO No. 410/01 (hereinafter referred to as 'the Special Rules'), published in Kerala Gazette dated 19/04/2001. It is contended by the appellants that as per the method of appointment provided for in Rule 3 of the said Special Rules, the vacancies of HSST shall be filled up by transfer from Higher Secondary SchoolTeacher (junior) [HSST (junior)] in the subject concerned, a post born on the Kerala Higher Secondary Education Subordinate Service Rules. In the absence of qualified hand in that category, appointment shall be in the ratio of 1:3, between appointment by transfer from qualified High School Assistants (HSA) or Primary School Assistants (UPSA) on the one hand and direct recruitment on the other. There are several incumbents at present in service d
























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