SREEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this Original Petition petitioner is challenging Ext. P3 circular issued by the Government in which it was directed that in every school under the management of a Panchayat teaching and non-teaching staff shall be appoint* July through Employment Exchange.

(2.) PETITIONER is a member of the Pattyam Pan. . have in kannur District. The Panchayat is running a school by name P. G M. High School. According 10 the petitioner it is in a remote village area and there are no facilities for the stay of teachers coming from other parts of the District. Therefore it is not easy to get the services of efficient teachers to work in the school. Moreover. It takes time to fill up the position Compliance with the rules under the Kerala Education Rules. According to the Kerala Education Rules the teachers are to be recruited through Employment Exchange but it takes time. To avoid such a situation. the Panchayat is prepared to get experienced teachers who are willing to come to the school on inter-management transfer. According to the petitioner. by making such appointments the school will get the services of experienced hands. Ext. P3 the Government restrained the panchayats from making appointments otherwise than through Employment Exchange and it is challenged by the petitioner on the ground that by Ext. P3 their right to appoint teachers by inter-management transfer under Rule 11 of Chapter xiv-A is a feeted and therefore the same is liable to be set aside.

(3.) EVEN otherwise. R. 1 (3) of Chapter XIV-A deals specifically with the mode of appointment in schools managed by Panchayats and rule 11 deals with inter-management transfers. When a specific mode of appointment is prescribed under the Rules. no management is entitled to resort to another provision and make appointments by inter-management transfers. Rule 11 is intended for the benefit of the teachers to apply and get transfers and it is not a mode of appointment. Reading the two rules together. I am clearly of the view that when there is a specific provision regarding the mode of appointment in Rule 1 (3 ). no management is entitled to resort to Rule 11 for making initial appointments in the schools. In that view of the matter also. I am clearly of the opinion that Ext. P3circularby the Government correctly represents the scope and ambit of these two rules.