In Brief
A school in Kerala was upgraded to a Higher Secondary School, creating new teaching posts. The management appointed the appellant (V.K. Girija) to a newly created Higher Secondary School Teacher (Economics) post by direct recruitment. A serving assistant teacher (Reshma Parayil) challenged this, claiming the post should have been filled by her transfer under the applicable rules. The State Government agreed and directed her appointment by transfer. The Supreme Court held that the statutory scheme under Kerala Education Rules Chapter XXXII, rather than the general recruitment rules, governed the appointment. Since both transfer and direct recruitment were prescribed methods, the first vacancy had to be filled by transfer of a qualified existing employee. The Court dismissed the appeal and directed the respondent's appointment by transfer, though offering the appellant an alternative post if willing to accept it.
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