SMITHA JOHNY vs JOSNY VARGHESE .

The Supreme Court ruled that the promotion of a qualified teacher to the post of High School Assistant (English) must adhere to the provisions of Rule 43 of Chapter XIV-A of the Kerala Education Rules. The Court held that the Respondent No.1 was entitled to promotion as she was the only qualified candidate for the vacancy that arose on 1st April 2005, and the actions of the school management in recalling an unqualified teacher were improper. Consequently, the Court directed the educational authorities to promote the Respondent No.1 to the post of HSA (English).