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november 2000

Supreme Court of India · 2000-11-14

M.M. DOLICHAN vs STATE OF KERALA

Citation / case number
SC 1998/16290
Court
Supreme Court of India
Petitioner
M.M. DOLICHAN
Respondent
STATE OF KERALA
Author
PATTANAIK
Bench
G.BPattanaik B.N.Agrawal

Judgment text excerpt

The Supreme Court addressed the appointment of teachers for classes XI and XII under the Kerala Education Act, 1958, specifically examining the provisions of Sections 36 and 37 regarding rule-making by the State Government. The Court held that the rules for teacher appointments must adhere to the established qualifications and procedures outlined in the Act and its Rules, emphasizing the importance of seniority in promotions as per Rule 43. The judgment clarified that any deviation from these established procedures requires proper legislative backing and cannot be arbitrarily altered by executive orders.

M.M. DOLICHAN vs STATE OF KERALA · Niyam