In Brief
The case concerns recruitment of a Higher Secondary School Teacher (Economics) at a school. When the school was upgraded and new teaching posts were created, the management directly recruited the appellant. A respondent working as an Upper Primary Assistant challenged this, claiming the post should have been filled by transferring her. The Supreme Court held that Chapter XXXII of the Kerala Education Rules (the special statutory scheme for teacher recruitment in aided institutions) governs such appointments, not general civil service rules. Under the applicable rule, new vacancies must be filled first by transfer in a 1:3 ratio with direct recruitment, not based on overall cadre strength. The appellant's appointment was therefore invalid, and the respondent was entitled to appointment by transfer."
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