Supreme Court Dismisses Appeal in Teacher Appointment Dispute -- Kerala Education Rules Mandate Subject-Specific State Eligibility Test for Higher Secondary School Teacher Post -- Appellant's Appointment Rejected Due to Lack of SET in Economics

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Case Note & Summary

The Supreme Court dismissed civil appeals challenging the High Court's judgment that upheld the rejection of the appellant's appointment as Higher Secondary School Teacher (Economics) due to lack of State Eligibility Test qualification in Economics -- The appellant, who had State Eligibility Test in Malayalam but not in Economics, argued that Rule 6.2(24) of Chapter XXXII of the Kerala Education Rules does not require subject-specific State Eligibility Test -- The Court held that the rule, read with Government clarifications, mandates State Eligibility Test in the concerned subject -- The appellant did not meet the exemption criteria under Rule 10(4) for lacking ten years of high school teaching experience -- The Court affirmed the High Court's decision, dismissing the appeals and upholding the requirement for subject-specific State Eligibility Test qualification

Headnote

The Supreme Court dismissed the appeals filed by the appellant challenging the common impugned judgment and order dated 18.07.2024 passed by the Division Bench of the High Court of Kerala -- The High Court had affirmed the rejection of approval to the appointment of the appellant as Higher Secondary School Teacher (Economics) on the ground that he did not possess the requisite State Eligibility Test qualification in the concerned subject -- The appellant held a Bachelor's degree in Economics, a Master's degree in Economics, a B.Ed. in Social Sciences, and a State Eligibility Test qualification in Malayalam -- Respondent no. 4 held similar educational qualifications but with a State Eligibility Test qualification in Economics -- The Court interpreted Rule 6.2(24) of Chapter XXXII of the Kerala Education Rules and held that the State Eligibility Test qualification must be in the concerned subject for appointment as Higher Secondary School Teacher -- The Court rejected the appellant's argument that the rule does not specify subject requirement for State Eligibility Test qualification -- The Court upheld the Government Order dated 18.01.2021 which clarified the mandatory requirement of State Eligibility Test in the concerned subject -- The appellant did not qualify for exemption under Rule 10(4) as he lacked ten years of high school teaching experience -- The appeals were dismissed, confirming the High Court's judgment

Issue of Consideration: The Issue of whether the appellant was qualified for appointment as Higher Secondary School Teacher (Economics) under the Kerala Education Rules without possessing a State Eligibility Test qualification in the concerned subject of Economics

Final Decision

The Supreme Court dismissed the appeals -- The Court held that the appellant was not qualified for appointment as Higher Secondary School Teacher (Economics) due to lack of State Eligibility Test qualification in Economics -- The Court affirmed the High Court's judgment and the rejection of the appellant's appointment

2026 LawText (SC) (02) 35

Civil Appeal No. of 2026 (@ Special Leave Petition (C) No. 17785 of 2024), Civil Appeal No. of 2026 (@ Special Leave Petition (C) No. 30768 of 2025)

2026-02-13

K. V. VISWANATHAN J. , VIPUL M. PANCHOLI J.

2026 INSC 151

Mr. Nikhil Goel, Mr. Haris Beeran

Zubair. P

State of Kerala & Ors.

Nature of Litigation: Civil appeals challenging the High Court's judgment regarding teacher appointment qualification

Remedy Sought

The appellant sought quashing of the order rejecting his appointment and direction for approval as Higher Secondary School Teacher (Economics)

Filing Reason

The appellant's appointment was rejected due to lack of State Eligibility Test qualification in Economics

Previous Decisions

The respondent-authorities rejected the appointment on 18.06.2022 -- The Single Judge dismissed the appellant's writ petition and allowed respondent no. 4's petition on 14.05.2024 -- The Division Bench of the High Court dismissed the appeals on 18.07.2024

Issues

Whether the appellant was qualified for appointment as Higher Secondary School Teacher (Economics) under the Kerala Education Rules without possessing a State Eligibility Test qualification in Economics

Submissions/Arguments

The appellant argued that Rule 6.2(24) does not specify subject requirement for State Eligibility Test qualification -- The appellant contended that the High Court erroneously interpreted the rule and added words not present -- The appellant submitted that Government orders prescribing subject-specific State Eligibility Test are executive instructions and cannot override the rule

Ratio Decidendi

Rule 6.2(24) of Chapter XXXII of the Kerala Education Rules, read with Government clarifications, requires State Eligibility Test qualification in the concerned subject for appointment as Higher Secondary School Teacher -- The exemption under Rule 10(4) applies only with ten years of high school teaching experience, which the appellant lacked -- Government orders and circulars are clarificatory and consistent with the statutory rules

Judgment Excerpts

The High Court affirmed the rejection of approval to the appointment of the appellant as Higher Secondary School Teacher (Economics) on the ground that he did not possess the requisite State Eligibility Test qualification in the concerned subject -- Para 2 The appellant neither had mandatory SET qualification in Economics as prescribed under Rule 6.2(24) of Chapter XXXII of the Kerala Education Rules nor he had ten years of high school teaching experience to fall within the exemption of mandatory SET under Rule 10(4) of Chapter XXXII of the Rules -- Para 4.3 The said rule does not specify any subject requirement for the SET qualification and the deliberate omission of subject-specific language in the SET qualification demonstrates the intent of the legislature that the SET qualification need not be subject-specific -- Para 5.2

Procedural History

The appellant was appointed as Higher Secondary School Teacher (Economics) on 15.07.2021 -- Respondent no. 4 raised objections leading to rejection of approval on 18.06.2022 -- The appellant filed Writ Petition (C.) No. 20130/2022, dismissed by Single Judge on 14.05.2024 -- The appellant filed Writ Appeal No(s). 733 of 2024 and 769 of 2024, dismissed by Division Bench on 18.07.2024 -- The appellant filed special leave petitions leading to civil appeals in the Supreme Court

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