- (1.) We have heard learned counsel for the parties.
(2.) These appeals by special leave are directed against the judgment and order dated 25th May, 2001 passed by the full bench of the High Court of Kerala at Ernakulam in W.A. Nos. 1065-1068 of 1996. The Kerala High Court has examined the proviso to Rule 43 of the Kerala Service Rules, 1959 and observed : "Thus, if a vacancy had arisen in the post of Science Teacher, necessarily, the Science Teacher had to be promoted. But what prompted the Government to introduce the Proviso is the complaint made by certain sections of teachers that in the exigencies of service promotions may be made considering the seniority of the teacher even though he may not be qualified in the subject in which vacancy arose. It is to implement such a position that the Proviso was enacted. An argument was advanced stating that the earlier circulars had been withdrawn and hence, they cannot be looked into to ascertain the meaning of the words "subject requirement" and finally they concluded :- "In view of the above, we direct the Government to reconsider Ext. P7 and pass appropriate orders within two months from today in the light of the principles held in this judgment. Original Petition is disposed of."
(3.) Exhibit P-7 is an order passed by the Kerala Government in a petition filed by the appellant before us on a remand made by the Kerala High Court in a writ petition filed by the appellant. In that, on 27th August, 1994 the Government passed the following order :- "In the above circumstances Government order that the action of the Manager, St. Michael's High School, Kudavachoor, Ambika Market P.O. in appointing Smt. N.K. Thressiamma a Social Studies hand in the vacancy of a Physical Science teacher will be set aside. The Manager will appoint a proper Physical Science hand. While doing so, the Manager will prefer claims if any put in by Smt. Deepa Augustine, who was appointed by the Manager earlier and terminated subsequently. In the case of Smt. Geetha Alex who claims a right to be appointed as H.S.A. (Physical Science) from 1993- 94, the Manager will examine the issue as per subject ratio and available periods for physical.";