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2009 Supreme(Online)(KER) 14074
HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, J
MOHAMED FASLU RAHMAN – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/13624/2009
SRI.V.A.MUHAMMED, SRI.K.E.HAMZA
The appointment of Higher Secondary School Teachers must be executed following specific Special Rules, focusing on vacancy occurrences and appropriate candidate qualifications.
Headnote:
Appointment - Higher Secondary School Teacher - Special Rules - Method of Appointment - Transfer and Direct Recruitment - Judgment Interpretation
Fact of the Case:
The petitioner sought appointment as a Higher Secondary School Teacher (Arabic) based on a ranked list and contended that vacancies should be filled per established rules, considering the timing of occurrences.
Finding of the Court:
The court reaffirmed that appointments must consider the date of vacancies to determine the correct method of filling positions, emphasizing adherence to the rules.
Issues: Whether the appointment process followed the correct method as per the Special Rules regarding vacancies and candidate eligibility.
Ratio Decidendi: The court concluded that the method for filling vacancies must align with the Special Rules, specifically looking at the dates of vacancy occurrences and available candidates.
Final Decision: The petition was disposed of with an order for the second respondent to act on the petitioner's representation within two months.
J U D G M E N T
The petitioner herein applied for appointment as Higher Secondary School Teacher (Arabic) pursuant to the notification issued by the P.S.C. He is included as rank No.9 in Ext.P1 ranked list. It is submitted by the petitioner that going by the Special Rules, the method of appointment to the post of Higher Secondary School Teacher is by transfer from the category of Higher Secondary School Teacher (Junior) in the subject concerned and in the absence of Higher Secondary School Teacher (Junior), the post had to be filled up by transfer of qualified HSA/UPSA and by direct recruitment in the ratio of 1:3. The further contention raised is that the rules will have to be worked out with reference to the date of occurrence of vacancies. The petitioner is relying upon the judgment of the Division Bench of this Court (Ext.P2) in W.A.No.1000/2006 and connected case. It was held by this Court that “filling up shall be against the vacancies occurred and the position as on the date of occurrence of vacancies of HSST shall be ascertained in order to determine whether the HSST (Junior) is to be appointed or HSA/UPSA is to be appointed or a direct recruit candidate is to be appointed.” The complaint raised in the writ petition is that even though sufficient candidates were not there to fill up the post by way of transfer, the matter is not reported to the P.S.C and the same is being delayed by the second respondent by awaiting declaration of probation of HSSTs (Junior)
to fill up the posts.
2. The learned Government Pleader submitted that when qualified HSSTs (Junior) are there, the method of appointment allows the filling up of vacancies by promoting them also. Presently, the petitioner has filed Ext.P3 representation before the second respondent seeking for appropriate action in the matter to grant appointment to him. There will be a direction to the second respondent to consider Ext.P3 and pass orders in accordance with law and in accordance with the relevant Special Rules. Appropriate orders shall be passed within a period of two months from the date of receipt of the copy of this judgment.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
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