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Supreme Court of India 2016-01-27 allowed

Manager, VKNM Vocational Higher Secondary School vs State of Kerala & Ors. Etc

Bench: 2 — Fakkir Mohamed Ibrahim Kalifulla

In Brief

A teacher engaged in temporary educational vacancies for less than one academic year before an amendment to Kerala Education Rules sought preferential appointment under Rule 51A. The Supreme Court held that no vested right arose under the pre-amendment rule because the teacher never initiated a claim until 12 years later, in 2010. Under the doctrine of vested rights, a legal remedy must be pursued from inception with continuity. The Court relied on Sneha Cheriyan, holding that the 2005 amendment to Rule 7A(3) requires one full academic year of service for Rule 51A eligibility. The subsequent appointment stood valid. Appeals allowed; Kerala High Court judgment set aside.

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Education Law Administrative Law Service Law Rules and Regulations Constitutional Interpretation Vested Rights

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