LexZUBAIR. P versus STATE OF KERALA & ORS.
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[2026] 3 S.C.R. 125 : 2026 INSC 151 Zubair. P v. State of Kerala & Ors. (Civil Appeal No. 1620 of 2026) 13 February 2026 [K.V. Viswanathan and Vipul M. Pancholi,* JJ.] Issue for Consideration Issue arose for consideration whether r.6(2)(24)(iii) of Chapter XXXII of the Kerala Education Rules mandates that the State Eligibility Test-SET qualification must be in the concerned subject only for appointment as Higher Secondary School Teachers-HSST or in any subject would suffice for eligibility, and if so, whether the appellant satisfies the said requirement or qualifies for exemption u/r.10(4) of Chapter XXXII of the Rules. Headnotes† Kerala Education Rules – Chapter XXXII, r.6(2)(24)(iii) – Interpretation – Essential qualifications for appointment as Higher Secondary School Teachers-HSST – Appellant having Bachelor’s degree and Master’s degree in Economics, B.Ed. in Social Sciences and State Eligibility Test-SET qualification in Malayalam appointed as Higher Secondary School Teacher- HSST (Economics) by competent authority– Respondent- authorities declined to approve the appointment of the appellant as HSST (Economics) on the ground that the appellant neither had the requisite SET qualification in Economics nor had ten years of experience as a High School Teacher to avail the exemption of mandatory SET qualification in the concerned subject – Writ petition by the appellant seeking quashing of the order and direction to respondent-authorities to approve his appointment as HSST – Single Judge dismissed the petition and declared that the appellant was not qualified for appointment to the post of HSST (Economics) and directed the authorities to consider the claim of respondent no. 4 for appointment as HSST (Economics) if found entitled – Upheld by the Division Bench – Correctness: * Author 126 [2026] 3 S.C.R. Supreme Court Reports Held: When r.6.2(24)(iii) is read with the prospectus of the SET examination, particularly Clause 2 of the prospectus, it can be safely said that the candidate is required to pass SET in the concerned subject to qualify for the appointment to the post of HSST in the said concerned subject – Even though in r.6.2(24) (iii), the words “in the concerned subject” are missing, the said Rule cannot be interpreted in isolation and the textual omission has to be inferred from context, purpose and scheme of the provision – Thus, the said clause is required to be interpreted in the said manner and possession of SET qualification in any other subject unrelated to the teaching post, does not suffice the statutory eligibility criteria – Concerned candidate is required to pass SET in the concerned subject – Appellant, though having Bachelor’s Degree as well as Master’s Degree in Economics, passed SET in Malayalam, whereas, respondent no. 4 is having the degrees of Bachelor’s and Master’s in Economics as well as the SET qualification in Economics – Thus, respondent no. 4 is fulfilling all the required eligibility criteria including the SET qualification in the concerned subject – Also, the appellant has completed 09 years 10 months and 14 days service, i.e., less than ten years which is the minimum prescribed by the Rules and, thus, the appellant not entitled to seek an exemption u/r.10(4) of Chapter XXXII – Thus, the High Court did not commit any error in affirming the decision of the Single Judge, wherein it was declared that the appellant is not qualified for appointment to the post of HSST (Economics) in a vacancy that arose in the concerned school and respondent no. 4 is eligible for appointment as HSST (Economics) in the school w.e.f. 01.06.2021, with all consequential benefits, if found entitled. [Paras 25-27] Case Law Cited Union of India v. Pushpa Rani [2008] 11 SCR 440 : (2008) 9 SCC 242; Kunjunjamma v. State of Kerala (2015) 11 SCC 440; Reserve Bank of India v. Peerless General Finance and Investment Co. Ltd. [1987] 2 SCR 1 : (1987) 1 SCC 424 – referred to. Geetha v. State of Kerala, 2012 (1) KLT 829; Manager, MPVHS School v. Girija (2003) 1 KLT 935 – referred to. List of Acts Kerala Education Rules, 1959; Constitution of India. [2026] 3 S.C.R. 127 Zubair. P v. State of Kerala & Ors. List of Keywords State Eligibility Test-SET qualification; Appointment as Higher Secondary School Teacher-HSST(Economics); Essential qualifications for appointment as Higher Secondary School Teachers-HSST; Bachelor’s degree in Economics; Master’s degree in Eco
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