Kerala High Court on By-Transfer Quota for HSST (Junior): 25% Applies to Sanctioned Strength, Not Vacancies

Headnote:

The Kerala High Court held that the 25% quota for “By-transfer” appointment to the post of Higher Secondary School Teacher (Junior) under Rule 4(3) Chapter XXXII of the Kerala Education Rules (KER) must be calculated on the sanctioned strength of posts and not on vacancies arising in a particular academic year. The Court set aside the Government Order rejecting approval of appointments on the ground that the 25% quota was exceeded and directed reconsideration treating three posts as available for by-transfer appointment out of 11 sanctioned posts.

Background:

• The petitioner in WP(C) No. 2704/2024 was initially appointed as UPSA in MSM HSS, Chathinamkulam, and later appointed as HSST (Junior) Chemistry on 12.03.2022.

• Her appointment was treated as a direct recruitment, and approval under the by-transfer quota was rejected by the authorities.

• The petitioner challenged the rejection contending that under Rule 4(3), 25% of total HSST (Junior) posts must be filled by by-transfer.

• The 5th respondent (petitioner in WP(C) No. 9502/2024), a Junior Hindi Teacher, was appointed as HSST (Junior) Hindi by by-transfer, but her approval was also rejected on the ground that allowing another by-transfer appointment would exceed the 25% quota.

• The Government held that out of 11 sanctioned posts, only two could be filled by by-transfer and that a third appointment would violate the quota.

Court’s Observations:

• Rule 4(3) Chapter XXXII KER clearly mandates that 25% of the total sanctioned posts of HSST (Junior) must be filled by by-transfer appointment on seniority-cum-suitability basis.

• The quota is to be applied to the sanctioned strength, not to vacancies arising in an academic year.

• Any Government Order or circular taking a contrary view is invalid in light of the explicit wording of the Rule.

• In the present case, there were 11 sanctioned HSST (Junior) posts.

• 25% of 11 equals 2.75, and since the decimal exceeds 0.5, it must be rounded up to 3 posts.

• Therefore, three posts are available for by-transfer appointment.

• The Government’s conclusion that a third by-transfer appointment would exceed the quota was held to be erroneous and unsustainable.

Decision

• The impugned Government Order dated 20.12.2023 was set aside.

• The Government was directed to reconsider approval of the appointments of both the petitioner and the 5th respondent.

• Reconsideration must be done by:

1. Treating three posts as available for by-transfer appointment
2. Applying the 25% quota to the sanctioned strength
3. Granting opportunity of hearing to all affected parties
4. • Fresh orders are to be passed within four months.

Legal Provisions Discussed:

• Rule 4(3), Chapter XXXII, Kerala Education Rules (KER) – Method of appointment of HSST (Junior)

• Principles governing quota calculation, sanctioned strength vs. vacancies