(i) Whether the post of Higher Secondary School Teacher (Economics) newly sanctioned in the School in the year 2012-2013 was required to be filled up by direct recruitment taking the cadre strength of the Higher Secondary School Teacher or the same was required to be filled up by transfer? and (ii) Whether for filling the post of Higher Secondary School Teacher, Rule 5 of KSS Rules were to be resorted to?
Apex court held that Thus, the Statutory Scheme as delineated by Chapter XXXII of Kerala Education Rules shall alone be applicable while making recruitment to the teaching posts and Rule 5 Note (3) of Kerala State and Subordinate Services Rules, 1958 is
not attracted. – The ratio laid down in the case of Maya Mathew (supra) is fully attracted since Chapter XXXII of the Kerala Education Rules, which is under consideration was inserted in the year 2011 in the Rules, i.e. much subsequent to Kerala State and Subordinate Services Rules, 1992. The Division Bench of the Kerala High Court, thus, has taken correct view of the matter and has rightly reversed the judgment of the learned Single Judge restoring back the order of the State Government directing the management to appoint respondent by transfer as Higher Secondary School Teacher (Economics).