Kerala Education Rules | 25% By-Transfer Quota For Junior School Teachers Applicable On Sanctioned Strength, Not Vacancies: High Court

The Kerala High Court quashed a Government order rejecting by-transfer appointments to Higher Secondary School Teacher (Junior) posts, observing that 25% by-transfer quota under Kerala Education Rules must be calculated on the sanctioned strength of posts and not on the vacancies arising in an academic year.

Justice N Nagaresh in his order said that any administrative interpretation applying the quota to yearly vacancies instead of the total sanctioned posts would be contrary to Rule 4(3) of Chapter XXXII of the Rules and therefore legally unsustainable. Rule 4(3) prescribes method of appointment of Higher Secondary School Teacher (Junior).

"The question then would arise as to whether this 25% quota prescribed for By-transfer appointments should be applied to the sanctioned strength or to the vacancies arising in an academic year. Since the Note 1 below Rule 4(3) prescribes that “25% of the total posts” shall be filled up through By-transfer appointment, it is evident that the 25% quota should be applied to the sanctioned strength. Any Government Orders or Circulars taking a contrary view would be invalid in view of the clear terms of Rule 4(3) Chapter XXXII, KER," the court said.

The writ petitions arose from a dispute concerning appointments to HSST (Junior) posts in an aided Higher Secondary School in Kollam district. The petitioner, working as HSST (Junior) Chemistry, sought approval of her appointment under the by-transfer quota.

A connected writ petition was filed by another teacher appointed as HSST (Junior) Hindi, whose appointment approval had also been withheld.

The proposals for approval were rejected by the education authorities and subsequently by the Government on the ground that approving the appointments would exceed the 25% ceiling prescribed for by-transfer appointments under the Kerala Education Rules.

The principal issue before the Court was whether the 25% quota for by-transfer appointments under Rule 4(3) of Chapter XXXII of the Kerala Education Rules is to be applied to the sanctioned strength of HSST (Junior) posts or to the vacancies arising during a particular academic year.

The petitioners contended that Rule 4(3) expressly mandates that “25% of the total posts” shall be filled by by-transfer appointment, making it clear that the calculation must be based on the sanctioned strength and not on yearly vacancies.

It was argued that the school had 11 sanctioned HSST (Junior) posts, and applying the 25% quota to this strength would permit three by-transfer appointments. The petitioners submitted that the Government's interpretation, which limited the quota to two posts, was contrary to the plain language of the Rule and therefore unlawful.

The State and departmental authorities argued that two by-transfer appointments had already been made and that permitting a third would exceed the 25% limit. They relied on Government circulars and orders clarifying that by-transfer appointments should not exceed the prescribed percentage and contended that the petitioners' appointments could not be approved without violating the quota.

It was also argued that one of the petitioners had participated in the direct recruitment process and could not thereafter claim the benefit of appointment under the by-transfer quota.

The Court held that Rule 4(3) and its accompanying notes, particularly Note 1, clearly require the 25% quota to be applied to the total sanctioned posts and not to the vacancies arising in a particular year. The Court observed that any Government order or circular taking a contrary view would be invalid.

On applying the quota to the admitted sanctioned strength of 11 HSST (Junior) posts, the Court found that 25% would amount to 2.75 posts, which must be rounded off to three posts since the decimal exceeded 0.5. The Government's conclusion that a third by-transfer appointment would exceed the quota was therefore found to be erroneous.

Accordingly, the High Court set aside the Government order dated December 20, 2023 and directed it to reconsider the approval of the appointments by treating three HSST (Junior) posts as available under the by-transfer quota.

The Court further directed that all affected parties be afforded an opportunity of hearing and that fresh orders be passed within four months.

Case title: Chinchu Lizen Babu v State of Kerala

Citation: 2026 LiveLaw (Ker) 32

WP(C) NO. 2704 OF 2024

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