Kochi: In a major relief to the government school teachers, the Kerala High Court struck down a Government order that had refused approval of by-transfer appointments to Higher Secondary School Teacher (Junior) posts. Rejecting the appointments, the government observed that 25% by-transfer quota under the Kerala Education Rules must be calculated on the basis of the sanctioned strength of posts and not on the number of vacancies arising in a particular academic year.

Justice N Nagaresh observed that any administrative interpretation applying the quota to annual vacancies rather than to the total sanctioned posts would run contrary to Rule 4(3) of Chapter XXXII of the Rules and would therefore be legally unsustainable. Rule 4(3) lays down the method of appointment to the post of Higher Secondary School Teacher (Junior).

"The question then would arise as to whether this 25% quota prescribed for By-transfer appointments should be applied to the sanctioned strength or to the vacancies arising in an academic year. Since the Note 1 below Rule 4(3) prescribes that “25% of the total posts” shall be filled up through By-transfer appointment, it is evident that the 25% quota should be applied to the sanctioned strength. Any Government Orders or Circulars taking a contrary view would be invalid in view of the clear terms of Rule 4(3) Chapter XXXII, KER," the court said.

The writ petitions arose from a dispute over the appointment to HSST (Junior) posts at an aided Higher Secondary School in Kollam district. One petitioner, appointed as HSST (Junior) Chemistry, sought approval of her appointment under the by-transfer quota. A connected petition was filed by another teacher appointed as HSST (Junior) Hindi, whose appointment had also not been approved. The education authorities and later the Government rejected the proposals on the grounds that granting approval would breach the 25% ceiling on by-transfer appointments under the Kerala Education Rules.

The key question before the Court was whether the 25% quota under Rule 4(3) of Chapter XXXII of the Kerala Education Rules should be calculated on the sanctioned strength of HSST (Junior) posts or on the vacancies arising in a given academic year. The petitioners argued that the Rule explicitly provides that “25% of the total posts” are to be filled by by-transfer, clearly indicating that the calculation must be based on the sanctioned strength.

They pointed out that the school had 11 sanctioned HSST (Junior) posts and that applying the 25% quota to this strength would permit three by-transfer appointments. According to them, the Government’s view of limiting the quota to two posts was inconsistent with the wording of the Rule and therefore illegal.

The State and departmental authorities contended that two by-transfer appointments had already been made and that allowing a third would exceed the prescribed limit. They relied on Government circulars and orders and also argued that one of the petitioners had taken part in the direct recruitment process and therefore could not subsequently seek the benefit of a by-transfer appointment.

Rejecting these submissions, the Court held that Rule 4(3) and its notes, particularly Note 1, clearly require the quota to be applied to the total sanctioned posts and not to yearly vacancies. It further held that any Government order or circular to the contrary would be invalid.

Applying the quota to the admitted sanctioned strength of 11 posts, the Court found that 25% amounted to 2.75, which should be rounded off to three posts since the fraction exceeded 0.5. The conclusion of the Government that a third by-transfer appointment would breach the quota was therefore incorrect.

Accordingly, the High Court set aside the Government order dated December 20, 2023, and directed the Government to reconsider the approval of the appointments by treating three HSST (Junior) posts as falling under the by-transfer quota. The Court also directed that all affected parties be given an opportunity of hearing and that fresh orders be passed within four months.
(With Live Law inputs)