STATE OF KERALA AND OTHERS versus SNEHA CHERIYAN AND ANOTHER

Citation: [2013] 4 S.C.R. 460 · Decided: 22-02-2013 · Supreme Court of India · Bench: K.S. RADHAKRISHNAN · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
B 
[2013] 4 S.C.R. 460 
STATE OF KERALA AND OTHERS 
v. 
SNEHA CHERIYAN AND ANOTHER 
(Civil Appeal No. 1643 of 2013) 
FEBRUARY 22, 2013 
[K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.] 
Service Law - Re-appointment - Of teachers - In aided 
schools in the State of Kera/a - Minimum continuous service 
C in an academic year - If a pre-requisite for raising claim for 
re-appointment ulr. 51A in view of r. 7 A(3) - Held: Sub rule (3) 
of r. 7 A cannot be read in isolation, it has to be read in light of 
the proviso to r.51A - Requirement of preventing the aided 
school managers in creating short-term vacancies and 
D appointing several persons in those vacancies so as to make 
them claimants ulr.51A - Looking to the mischief or evil 
sought to be remedied, purposive construction required to be 
adopted - A teacher relieved from service under rr. 49 and 53, 
is entitled to get preference for appointment under r.51A only 
E if the teacher has a minimum prescribed continuous service 
in an academic year as on the date of relief -
Kera/a 
Education Rules, 1959 - Chapter XIV A - r.7A(3) rlw r.51A. 
Words and Phrases - Duration of vacancy - Meaning of. 
F 
In the State of Kerala, the power for appointment of 
teachers in aided schools is conferred on Managers of 
such schools under Section 11 of the Kerala Education 
Act, 1958 while the salary and other. benefits are to be 
borne by the State Government under Section 9 of the 
G Act. Qualified teachers so appointed when relieved as per 
Rule 49 or 52 of the Kerala Education Rules, 1959 (KER) 
or on account of termination of vacancies have 
preference for appointment to future vacancies as per 
Rule 51A of Chapter XIV A of the KER. 
H 
460 
STATE OF KERALA v. SNEHA CHERIYAN 
461 
The Government issued an order G.O.(P) No.169/ 
A 
04.G.Edn. dated 15.06.2004 stating that the claim for re-
. appointment under Rule 51A of the KER would be limited 
to those who had been appointed against regular/ leave 
vacancies having a duration of not less than one 
academic year. Further, it was also stated that vacancies 
B 
having duration of less than one academic year would be 
filled up on daily wage basis and in order to give effect 
to that Government order, it was ordered that necessary 
amendments would be made to sub-rule (3) of Rule 7 A, 
Chapter XIV A of the KER. The Government of Kerala in c 
exercise of the powers conferred under Section 36 of the 
Act amended the KER vide its notification dated G.O.(P) 
No. 121/2005/G. Edn. Dated 16.04.2005. 
In the instant appeals, the question which arose for 
consideration was whether a minimum continuous 
D 
service in an academic year is a pre-requisite for raising 
a claim for re-appointment under Rule 51A of Chapter XIV 
A of the Kerala Education Rules, 1959 (KER) in view of 
sub-rule (3) of Rule 7A of the same chapter of the KER. 
Allowing the appeals, the Court 
E 
HELD: 1. Rule 51A of the Chapter XIVA of the KER 
states qualified teachers in aided schools who are 
relieved on account of termination of vacancies shall 
have preference for re-appointment in future vacancies 
F 
in the aided schools. One cannot read sub rule (3) of Rule 
7 A in isolation, it has to be read in the light of the proviso 
to Rule 51A, they have to be read as parts of an integral 
whole and as being interdependent. Legislature has 
recognized that interdependency since both sub rule (3) 
G 
of Rule 7A and the proviso to Section 51A were inserted 
by the same amendment in the year 2005. [Paras 17, 18] 
[473-E, F-G] 
2. The expression "vacancies" used in sub-rule (3) 
to Rule 7 means 'posts which remain unoccupied". Rule 
H 
462 
SUPREME COURT REPORTS 
[2013] 4 S.C.R. 
A does not say that the duration of vacancy is to be 
determined from the time when the vacancy occurs to the 
time when it expires. Duration means the time during 
which something continues, i.e the continuance of the 
incumbent. [Para 19] [473-H; 474-A-B] 
B 
3. The Notification dated 10.06.2008 only says if the 
period of appointment does not cover one academic year 
i.e. the re-opening of the school after summer vacation 
to the closing day for summer vacation, the appointment 
shall be made only on daily wage basis. So also if the 
C period commences after the beginning of the re-opening 
day, but extends either next academic year/years the 
period upto the first vacation shall be approved on daily 
wages only which does not take away the right of the 
managers of the aided schools to appoint teach
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