Supreme Court of India
ZUBAIR. PversusSTATE OF KERALA & ORS.
- Citation
- 2026 INSC 151
- Decided
- 13 February 2026
- Disposal
- Dismissed
- Bench
- K V VISWANATHAN
Holding
The Court held that Rule 6.2(24)(iii) of Chapter XXXII of the Kerala Education Rules requires the SET qualification to be in the subject of appointment, and since the appellant lacked SET in Economics and did not meet the ten‑year service exemption, he is ineligible for the HSST (Economics) post.
Summary
The appellant, Zubair P, a teacher with BA and MA in Economics and a B.Ed. in Social Sciences, had passed the State Eligibility Test (SET) in Malayalam and was appointed as Higher Secondary School Teacher (Economics) on 15 July 2021. The State of Kerala and other respondents objected, contending that the Kerala Education Rules require the SET qualification to be in the subject of appointment and that the appellant had neither SET in Economics nor ten years of high‑school teaching experience to claim exemption under Rule 10(4). The High Court dismissed the appellant’s writ petition and upheld the objection, a decision affirmed by the Division Bench. On appeal, the Supreme Court examined whether Rule 6.2(24)(iii) of Chapter XXXII of the Kerala Education Rules mandates a subject‑specific SET and whether the appellant satisfied any exemption. Relying on the purpose of the Rules, the prospectus of the SET examination and relevant case law, the Court held that the SET must be in the concerned subject and that the appellant’s SET in Malayalam does not meet the requirement, nor does his service tenure satisfy the exemption. Consequently, the Court found no error in the High Court’s judgment and dismissed both appeals.
Issues considered
- When does Rule 6.2(24)(iii) of Chapter XXXII of the Kerala Education Rules require the State Eligibility Test qualification to be in the concerned subject for appointment as a Higher Secondary School Teacher?
- Whether the appellant satisfies the subject‑specific SET requirement or qualifies for exemption under Rule 10(4) of Chapter XXXII based on ten years of high‑school teaching experience.
Legislation cited
Headnote
Issue for Consideration Issue arose for consideration whether r.6(2)(24)(iii) of Chapter XXXII of the Kerala Education Rules mandates that the State Eligibility Test-SET qualification must be in the concerned subject only for appointment as Higher Secondary School Teachers-HSST or in any subject so, whether the appellant satisfies the said requirement or qualifies for exemption u/r.10(4) of Chapter XXXII of the Rules. Headnotes† Kerala Education Rules – Chapter XXXII, r.6(2)(24)(iii) – Interpretation – Essential qualifications for appointment as Higher Secondary
Subjects
State Eligibility Test-SET qualificationAppointment as Higher Secondary School Teacher-HSST(Economics)Essential qualifications for appointment as Higher Secondary Teachers-HSSTBachelor’s degree in EconomicsMaster’s degree in EconomicsB.Ed. in Social SciencesSET qualification in MalayalamHigh School TeacherMandatory SET qualificationPurposive and harmonious interpretation of the statute
Judgment
[2026] 3 S.C.R. 125 : 2026 INSC 151
Zubair. P
v.
State of Kerala & Ors.
(Civil Appeal No. 1620 of 2026)
13 February 2026
[K.V. Viswanathan and Vipul M. Pancholi,* JJ.]
Issue for Consideration
Issue arose for consideration whether r.6(2)(24)(iii) of Chapter
XXXII of the Kerala Education Rules mandates that the State
Eligibility Test-SET qualification must be in the concerned subject
only for appointment as Higher Secondary School Teachers-HSST
or in any subject would suffice for eligibility, and if so, whether the
appellant satisfies the said requirement or qualifies for exemption
u/r.10(4) of Chapter XXXII of the Rules.
Headnotes†
Kerala Education Rules – Chapter XXXII, r.6(2)(24)(iii) –
Interpretation – Essential qualifications for appointment as
Higher Secondary School Teachers-HSST – Appellant having
Bachelor’s degree and Master’s degree in Economics, B.Ed.
in Social Sciences and State Eligibility Test-SET qualification
in Malayalam appointed as Higher Secondary School Teacher-
HSST (Economics) by competent authority– Respondent-
authorities declined to approve the appointment of the appellant
as HSST (Economics) on the ground that the appellant neither
had the requisite SET qualification in Economics nor had ten
years of experience as a High School Teacher to avail the
exemption of mandatory SET qualification in the concerned
subject – Writ petition by the appellant seeking quashing of
the order and direction to respondent-authorities to approve
his appointment as HSST – Single Judge dismissed the
petition and declared that the appellant was not qualified for
appointment to the post of HSST (Economics) and directed
the authorities to consider the claim of respondent no. 4 for
appointment as HSST (Economics) if found entitled – Upheld
by the Division Bench – Correctness:
* Author
126 [2026] 3 S.C.R.
Supreme Court Reports
Held: When r.6.2(24)(iii) is read with the prospectus of the SET
examination, particularly Clause 2 of the prospectus, it can be
safely said that the candidate is required to pass SET in the
concerned subject to qualify for the appointment to the post of
HSST in the said concerned subject – Even though in r.6.2(24)
(iii), the words “in the concerned subject” are missing, the said
Rule cannot be interpreted in isolation and the textual omission
has to be inferred from context, purpose and scheme of the
provision – Thus, the said clause is required to be interpreted in
the said manner and possession of SET qualification in any other
subject unrelated to the teaching post, does not suffice the statutory
eligibility criteria – Concerned candidate is required to pass SET
in the concerned subject – Appellant, though having Bachelor’s
Degree as well as Master’s Degree in Economics, passed SET
in Malayalam, whereas, respondent no. 4 is having the degrees
of Bachelor’s and Master’s in Economics as well as the SET
qualification in Economics – Thus, respondent no. 4 is fulfilling all
the required eligibility criteria including the SET qualification in the
concerned subject – Also, the appellant has completed 09 years
10 months and 14 days service, i.e., less than ten years which is
the minimum prescribed by the Rules and, thus, the appellant not
entitled to seek an exemption u/r.10(4) of Chapter XXXII – Thus,
the High Court did not commit any error in affirming the decision
of the Single Judge, wherein it was declared that the appellant
is not qualified for appointment to the post of HSST (Economics)
in a vacancy that arose in the concerned school and respondent
no. 4 is eligible for appointment as HSST (Economics) in the
school w.e.f. 01.06.2021, with all consequential benefits, if found
entitled. [Paras 25-27]
Case Law Cited
Union of India v. Pushpa Rani [2008] 11 SCR 440 : (2008) 9 SCC
242; Kunjunjamma v. State of Kerala (2015) 11 SCC 440; Reserve
Bank of India v. Peerless General Finance and Investment Co.
Ltd. [1987] 2 SCR 1 : (1987) 1 SCC 424 – referred to.
Geetha v. State of Kerala, 2012 (1) KLT 829; Manager, MPVHS
School v. Girija (2003) 1 KLT 935 – referred to.
List of Acts
Kerala Education Rules, 1959; Constitution of India.
[2026] 3 S.C.R. 127
Zubair. P v. State of Kerala & Ors.
List of Keywords
State Eligibility Test-SET qualification; Appointment as Higher
Secondary School Teacher-HSST(Economics); Essential
qualifications for appointment as Higher Secondary School
Teachers-HSST; Bachelor’s degree in Economics; Master’s degree
in Economics; B.Ed. in Social Sciences; State Eligibility Test-SET
qualification in Malayalam; High School Teacher; Mandatory SET
qualification; Purposive and harmonious interpretation of the statute.
Case Arising From
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1620
of 2026
From the Judgment and Order dated 18.07.2024 of the High Court
of Kerala at Ernakulam in WA No. 733 of 2024
With
Civil Appeal No. 1621 of 2026
Appearances for Parties
Advs. for the Appellant(s):
Nikhil Goel, Sr. Adv., Haris Beeran, Azhar Assees, Anand B. Menon,
Ms. Rizwana R. Raj, Shaswat Jena, Radha Shyam Jena.
Advs. for the Respondent(s):
Harshad V. Hameed, Dileep Poolakkot, Ms. Ashly Harshad, Mahabir
Singh, Dr. Arunender Thakur, Anshul Saharan, Zulfiker Ali P.S.,
Augustine Peter, Faisal M. Aboobacker, Shifaz R. Dheen, Ms.
Lebina Baby, Ms. Anne Mathew, P.S. Sudheer, Rishi Maheshwari,
Bharat Sood, Jai Govind M.J., Jashan Vir Singh.
Judgment / Order of the Supreme Court
Judgment
Vipul M. Pancholi, J.
1. Leave granted.
2. Both these appeals are preferred 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 in Writ Appeal No.
128 [2026] 3 S.C.R.
Supreme Court Reports
733 of 2024 and Writ Appeal No. 769 of 2024, whereby 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.
3. As the issue in both these appeals is the same and as the Division
Bench of High Court has passed a common judgment and order, both
these appeals are being disposed of together by the present order.
FACTUAL MATRIX
4. The brief facts of the case are as under:
4.1. The appellant had entered the service as an Upper Primary
School Teacher on 01.11.2002 and was promoted as High
School Teacher on 15.07.2004. Thereafter, on 15.07.2021,
he was appointed as a Higher Secondary School Teacher
(hereinafter referred as “HSST”) (Economics) by the competent
authority. At the time of his appointment as HSST, the appellant
was having a Bachelor’s degree in Economics, a Master’s
degree in Economics and a B.Ed. in Social Sciences and State
Eligibility Test (hereinafter referred as “SET”) qualification in
Malayalam.
4.2. On the other hand, respondent no. 4, entered the service as
an Upper Primary School Assistant on 01.11.1997 and was
promoted as High School Assistant (English) from 16.07.2005
onwards. She was having a degree in B.A. (Economics), M.A.
(Economics) and B. Ed. (Social Sciences) and SET qualification
in Economics.
4.3. Aggrieved by the appointment of the appellant, respondent
no. 4 raised objections alleging that the appellant neither had
mandatory SET qualification in Economics as prescribed under
Rule 6.2(24) of Chapter XXXII of the Kerala Education Rules
(hereinafter referred as “the Rules”) nor he had ten years of
high school teaching experience to fall within the exemption
of mandatory SET under under Rule 10(4) of Chapter XXXII
of the Rules.
4.4. Acting upon the objections, respondent-authorities vide its order
dated 18.06.2022 declined to approve the appointment of the
[2026] 3 S.C.R. 129
Zubair. P v. State of Kerala & Ors.
appellant on the ground that the appellant neither had SET
qualification in Economics nor he had ten years of experience
as a High School Teacher to avail the exemption of mandatory
SET qualification in the concerned subject. Reliance was placed
on the Government Order dated 18.01.2021 which clarified
that it is mandatory to pass the SET exam in the concerned
subject to become a Higher Secondary school teacher.
4.5. Being aggrieved by the decision of the respondent-authorities,
the appellant preferred a Writ Petition (C.) No. 20130/2022
seeking quashing of order dated 18.06.2022 and direction to
respondent-authorities to approve his appointment as HSST
with effect from 15.07.2021.
4.6. On the other hand, respondent no. 4 also preferred a Writ
Petition (C.) No. 11190/2023 seeking direction to respondent-
authorities to consider her claim for appointment as HSST
(Economics).
4.7. Learned Single Judge vide common judgment and order
dated 14.05.2024 dismissed the petition preferred by the
appellant and allowed the petition preferred by the respondent
no. 4. Accordingly, it was declared that the appellant is not
qualified for appointment to the post of HSST (Economics)
in a vacancy that arose on 01.06.2021 in the concerned
school. Further, the learned Single Judge gave direction to the
respondent-authorities to consider the claim of respondent no.
4 for appointment as HSST (Economics) in the school w.e.f.
01.06.2021 with all consequential benefits, if respondent no.
4 is found entitled.
4.8. Appellant, being aggrieved and dissatisfied with the order
passed by the learned Single Judge, preferred Writ Appeal
No(s). 733 of 2024 and 769 of 2024.
4.9. Vide the impugned judgment, the Division Bench of the High
Court dismissed both the appeals filed by the appellant and
thereby confirmed the judgment and order rendered by the
learned Single Judge.
4.10. Aggrieved by the impugned judgment, the appellant has
preferred the present appeals.
130 [2026] 3 S.C.R.
Supreme Court Reports
SUBMISSIONS ON BEHALF OF THE APPELLANT
5. Mr. Nikhil Goel, learned Senior Counsel and Mr. Haris Beeran,
learned counsel appearing on behalf of the appellant, challenged the
impugned judgment, which upheld the rejection of the appointment
of the appellant as HSST (Economics) on the ground that he did
not possess a SET qualification in Economics and made multifold
submissions as under:
5.1. It is submitted that the appellant is qualified for the post of
HSST (Economics) under the Rules. The appellant holds the
Bachelor’s Degree in Economics, Master’s Degree in Economics
and B.Ed. in Social Sciences. Further, the appellant is having
SET qualification in Malayalam.
5.2. Learned Counsel referred to Rule 6.2(24) of Chapter XXXII of
the Rules which expressly requires the postgraduate degree
and B.Ed. to be in the concerned subject. However, so far as
SET is concerned, it is provided that the concerned candidate
must have passed SET for the post of HSST conducted by the
Government of Kerala or by an agency authorized by the State
Government. Thus, it is submitted that 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.
5.3. Learned Counsel, therefore, contended that the High Court in
the impugned judgment erroneously interpreted Rule 6.2(24)
(iii) of Chapter XXXII of the Rules and erred in reading into
the Rule a condition which the Rule itself does not contain,
thereby impermissibly adding words to a statutory provision and
such an approach is contrary to settled principles of statutory
interpretation. It is further submitted that the High Court wrongly
relied on Government orders and circulars prescribing subject-
specific SET, as executive instructions cannot amend, override
or supplement statutory rules.
5.4. It is also contended that the interpretation adopted by the High
Court contradicts the long understanding and the application
of Rule 6.2(24) of the Rules across educational institutions in
Kerala.
[2026] 3 S.C.R. 131
Zubair. P v. State of Kerala & Ors.
5.5. Learned Counsel further submitted that Rule 10(4) of Chapter
XXXII of the Rules provides exemption from SET for certain
candidates based on other qualifications like NET, Ph.D., M.Phil.,
without requiring these qualifications in any specific subject.
This reinforces that SET is intended as a general eligibility
benchmark, not a subject-exclusive qualification. In addition,
teachers with ten years of approved teaching certificates are
also exempted from SET, regardless of the subject of their
experience. It is submitted that the appellant was appointed as
Upper Primary School Assistant on 01.11.2002 and promoted
as High School Assistant (English) on 15.07.2004, whereas,
the respondent no. 4 was promoted as High School Assistant
(English) from 16.07.2005.
5.6. Learned Counsel for the appellant, therefore, urged that though
the appellant was qualified to be appointed as HSST, his
appointment was not approved by the authority and, therefore,
the appellant had preferred the captioned writ petition. Learned
Counsel submitted that the learned Single Judge as well as the
Division Bench of the High court have committed serious error
by interpreting provisions contained in Rule 6.2(24) of Chapter
XXXII of the Rules.
5.7. Learned Counsel, therefore, urged that the impugned judgment
passed by the High Court is liable to be set aside, and appropriate
direction be issued to the respondent-authorities to appoint the
appellant on the post in question by granting necessary approval.
SUBMISSIONS ON BEHALF OF RESPONDENT NO. 1 (State of
Kerala)
6. Mr. Dileep Poolakkot, learned counsel appearing on behalf of the
State, submitted that the impugned judgment is legal, valid and based
on correct appreciation of facts and law, warranting no interference
under Article 136 of the Constitution. Following submissions were
made on behalf of respondent no. 1:
6.1. It is submitted that the appellant was appointed by transfer as
HSST (Economics) on 15.07.2021. Accordingly, the Manager of
the respondent-school submitted a proposal for the approval of
the appointment of the appellant before the competent authority.
Thereafter, the respondent no. 4 submitted a complaint in the
132 [2026] 3 S.C.R.
Supreme Court Reports
office of Regional Deputy Director regarding the appointment
and qualification of the appellant. It was pointed out by the
respondent no. 4 that the appellant was not qualified for the
post of HSST (Economics), as the appellant does not have
SET in the relevant subject or ten years of high school teaching
experience.
6.2. It is submitted that the appellant admittedly possesses BA and
MA in Economics, B.Ed. in Social Studies and SET qualification
in Malayalam, not in Economics and Rule 6(2)(24)(iii) of Chapter
XXXII of the Rules requires SET in the concerned subject,
namely Economics, for appointment as HSST (Economics). The
appellant further does not possess ten years of approved High
School teaching service, having only 9 years, 10 months and
14 days of such service after excluding periods of deputation
and leave without allowance, and therefore, was not entitled for
the exemption under Rule 10(4) of Chapter XXXII of the Rules.
6.3. The State submitted that the Government Order dated
18.06.2022 (G.O.(Rt) No. 3672/2022/G.Edn) rejecting approval
of the appointment of the appellant was passed strictly in
accordance with the Rules and pursuant to directions issued
by the High Court. The subsequent grant of lower scale salary
to the appellant was only an interim arrangement in compliance
with court directions and does not confer any right of approval
or regular appointment.
6.4. It is therefore submitted that the appellant lacks the essential
statutory qualifications, the High Court has correctly interpreted
Rules 6 and 10 of Chapter XXXII of the Rules.
6.5. Learned counsel therefore urged that the High Court has not
committed any error while passing the impugned judgment and
order. Thus, it is submitted that the present appeals are liable
to be dismissed.
SUBMISSIONS ON BEHALF OF RESPONDENT NO. 3 (Manager,
PTM Higher Secondary School)
7. Mr. Zulfiker Ali P.S., learned counsel appearing for respondent no.
3, submitted that under the Kerala Education Act and the Rules,
the Manager is the statutorily recognised appointing authority and
has exclusive control over staff management. The Manager has the
[2026] 3 S.C.R. 133
Zubair. P v. State of Kerala & Ors.
inherent right to appoint teachers by transfer from the feeder category
of High School Assistants (HSA) on a seniority-cum-suitability basis.
Following submissions were made on behalf of respondent no. 3:
7.1. It is submitted that upon the vacancy of HSST (Economics) on
01.06.2021, the Manager validly appointed the appellant, who
was the senior-most qualified teacher in the school, strictly in
accordance with the Rules.
7.2. Learned Counsel submitted that a literal and harmonious
reading of Rule 6 of Chapter XXXII of the Rules would reveal a
deliberate distinction regarding qualifications. While the Master’s
and B.Ed. degrees must be in the concerned subject, the rule
merely mandates a pass in the SET without any subject-specific
restriction. It is further submitted that the omission of subject-
specific language for SET is intentional and indicates that the
rule-making authority did not intend SET to be confined to the
subject of appointment.
7.3. It is submitted that the appellant holds a Post Graduation
in Economics and a B.Ed. in Social Science and an SET
in Malayalam, satisfies the statutory eligibility for HSST
(Economics) because the SET is intended as an assessment
of general teaching aptitude rather than a repetitive assessment
of subject expertise, which is already verified by the post-
graduate degree.
7.4. Learned Counsel further submitted that respondent no. 4
possessing SET in Economics would not supersede the
appellant’s seniority and valid qualifications as per the statutory
rules.
7.5. Reliance is placed on Geetha v. State of Kerala, (2012 (1)
KLT 829), wherein it was held that general teaching service is
the criteria for exemption under Rule 10(4) of the Rules and
that the Rules should not be re-written to insert subject-specific
restrictions where none exist. It is asserted that across Kerala,
numerous HSSTs appointed with SET in subjects different from
their teaching subject are presently in service, reflecting a
consistent administrative interpretation of Rule 6. It is submitted
that disturbing this settled understanding would jeopardise
the careers of countless teachers and unsettle long-standing
appointments.
134 [2026] 3 S.C.R.
Supreme Court Reports
7.6. Reliance is placed on the Full Bench judgment of the High Court
of Kerala in Manager, MPVHS School v. Girija, (2003) 1 KLT
935, to contend that executive orders or circulars, including
the Government letter dated 18.01.2021, cannot override or
supplement the statutory provisions of the Rules.
7.7. It is therefore submitted that the respondent no. 3 acted strictly
within the four corners of the Rules in appointing the appellant
and the impugned judgment, by importing a subject-specific
requirement for SET, rewrites the statutory rule and is legally
unsustainable.
7.8. It is therefore urged that the impugned judgement and order is
liable to be set-aside and it is prayed that the appointment of
the appellant made by the Management to be upheld.
SUBMISSIONS ON BEHALF OF RESPONDENT NO. 4 (Competing
candidate for HSST (Economics))
8. Ms. Anne Mathew, learned counsel appearing for respondent no. 4,
supported the interpretation adopted by the High Court that Rule 6(2)
(24)(iii) of Chapter XXXII of the Rules mandates passing of SET in
the concerned subject for appointment as HSST and made multifold
submissions as under:
8.1. Learned Counsel submitted that to ensure maintenance
of academic standards at the Higher Secondary level, the
legislature decided to conduct SET examination for the post
of HSST for the concerned subject as mandated in Rule 6 of
Chapter XXXII of the Rules. Thus, the interpretation placed by
the High Court is purposive, contextual and consistent with the
scheme of the Rules and does not amount to adding words to
the statute. Reliance is placed on Union of India v. Pushpa
Rani, (2008) 9 SCC 242, to argue that insisting on SET in
the concerned subject is a policy choice aimed at maintaining
academic standards and the courts should not dilute or re-
interpret qualification requirements contrary to the understanding
of the rule-making authority.
8.2. It is contended that the Government Letter dated 18.01.2021
clarifying the requirement of SET in the concerned subject
is legal, valid and within the competence of the rule-making
authority. Reliance is placed on Kunjunjamma v. State of
[2026] 3 S.C.R. 135
Zubair. P v. State of Kerala & Ors.
Kerala, (2015) 11 SCC 440, to support the validity of Government
action and clarifications relating to SET qualification requirements
and to contend that the Government’s interpretation of Rule 6
of Chapter XXXII of the Rules is within its competence and
cannot be lightly interfered with. It is further submitted that the
appellant never challenged the validity of the said Government
Letter before the High Court and therefore cannot dispute its
applicability in the present proceedings.
8.3. It is further submitted that the appellant possesses SET only in
Malayalam, not in Economics and further, the appellant does not
have ten years of approved High School teaching service, having
only 9 years, 10 months and 14 days of eligible service after
excluding periods of deputation and leave without allowance.
Consequently, the appellant is ineligible both under Rule 6(2)
(24)(iii) (absence of SET in Economics) and under Rule 10(4)
of Chapter XXXII (failure to satisfy service-based exemption)
of the Rules.
8.4. It is submitted that respondent no. 4 is fully qualified under the
statutory rules, possessing BA and MA in Economics, B.Ed. in
Social Science and SET qualification in Economics. Respondent
no. 4 attended the interview, produced all requisite documents
and was wrongfully overlooked when the Manager appointed
the appellant, despite her superior statutory eligibility.
8.5. Learned Counsel referred to the prospectus issued for conducting
the SET examination in July 2021, a copy of which is placed
on record at Page 162 of the Counter Affidavit filed on behalf of
respondent no. 4. Clause 2 of the said prospectus provides for
the scheme of the test which includes two papers and further
provides that Paper II shall be a test based on the subject of
specialisation of the candidate at the Post Graduate (PG Level).
8.6. The Full Bench decision of the Kerala High Court in Girija
(supra), is distinguished by learned counsel, arguing that
the said decision dealt with Chapter XXXI of the Rules (High
School Assistants), not Chapter XXXII of the Rules (Higher
Secondary Teachers) and the interpretative issue in the said
decision concerned B.Ed. subject requirement, whereas, the
present case concerns SET for HSST, a distinct cadre with
higher academic standards.
136 [2026] 3 S.C.R.
Supreme Court Reports
8.7. It is submitted that accepting the interpretation of the appellant
would undermine academic standards in Higher Secondary
education, permit appointment of teachers lacking subject-
specific eligibility, unsettle settled appointments and encourage
avoidable litigation.
8.8. Learned Counsel, therefore, urged that the High Court has
correctly interpreted the Rules, the appellant is statutorily
ineligible and the directions to consider respondent no. 4 for
appointment are lawful and just under Rule 6.2(24) of Chapter
XXXII of the Rules. The present appeals are therefore liable to
be dismissed and the impugned judgment deserves to be upheld.
ANALYSIS AND FINDINGS
9. Having heard learned counsel for the parties at length and having
carefully perused the material on record, the Rules as well as the
prospectus of the SET examination, it would emerge that the appellant
had entered the service as an Upper Primary School Teacher on
01.11.2002 and was promoted as High School Teacher on 15.07.2004
and, thereafter, on 15.07.2021, the appellant was appointed as HSST
(Economics) by the competent authority. It would further reveal that
respondent no. 4 entered the service as an Upper Primary School
Assistant on 01.11.1997 and was promoted as High School Assistant
(English) from 16.07.2005 onwards.
10. Now, it is not in dispute that the appellant possesses the Bachelor’s
Degree in Economics, Master’s Degree in Economics, B.Ed. in Social
Sciences and passed SET in Malayalam. It is also not in dispute
that respondent no. 4 possesses a degree in B.A. (Economics),
M.A. (Economics), B.Ed. (Social Sciences) and passed the SET
examination in Economics.
11. Keeping in view the aforesaid factual aspects, the question which is
posed for our consideration is whether Rule 6(2)(24)(iii) of Chapter
XXXII of the Rules mandates that the SET qualification must be
in the concerned subject only for appointment as HSST or in any
subject would suffice for eligibility, and if so, whether the appellant
satisfies the said requirement or qualifies for exemption under Rule
10(4) of Chapter XXXII of the Rules.
12. The facts being undisputed, the controversy turns entirely on the
correct interpretation of the statutory rules governing eligibility.
[2026] 3 S.C.R. 137
Zubair. P v. State of Kerala & Ors.
Chapter XXXII of the Rules governs appointment to the cadre of
Higher Secondary School Teachers, a cadre distinct from High
School Assistants and governed by a separate statutory framework.
13. The answer of the question posed before us will depend on the
interpretation of Rule 6 of Chapter XXXII of the Rules which prescribes
the essential qualifications for appointment as HSST. The said Rule
is reproduced as under:
“6. Qualifications:- No person shall be eligible for
appointment to the category in column (2) in the table
below under the method specified in column (3) unless
he possesses the qualifications prescribed in the
corresponding entry in column (4) there of.
Sl. No. Category Method of Qualifications
Appointment
(1) (2) (3) (4)
(21) xxxxxxx By Transfer (i) Master ’s Degree in the
and by direct concerned subject will not less
recruitment than 50% marks from any
of the Universities in Kerala
(22) xxxxxxx
or a qualification recognised
(23) xxxxxxx as equivalent thereto in
the respective subject by a
(24) Economics
University in Kerala.
(25) xxxxxxx (ii) (1) B.Ed. in the concerned
(26) xxxxxxx subject acquired after a regular
course of study from any of
(27) xxxxxxx
the Universities in Kerala or
a qualification recognised
as equivalent thereto by a
University in Kerala.
(2) In the absence of persons
with B.Ed. Degree in the
concerned subject, B.Ed.
Degree acquired in anyone of
the subject under the concerned
Faculty as specified in the
Acts/Statutes of any of the
Universities in Kerala.
138 [2026] 3 S.C.R.
Supreme Court Reports
(3) In the absence of persons
with B.Ed. degree as specified
in terms (1) and (2) above,
persons with B.Ed. Degree in
any subject acquired after a
regular course of study from
any of the Universities in Kerala
or a qualification recognised as
equivalent thereto by any of the
Universities in Kerala.
(iii) Pass in the State Eligibility
Test for the post of Higher
Secondary School Teacher
conducted by Government
of Kerala or by the Agency
authorized by the State
Government.
(emphasis supplied)
14. Thus, from the perusal of Rule 6, it transpires that the said Rule
provides for qualification for appointment as HSST. Clause 24 deals
with the subject ‘Economics’. The Rule provides that the post in
question requires a Master’s Degree in the concerned subject with a
particular percentage of marks and a B.Ed. qualification. Sub-clause
(iii) provides that the candidate shall “pass in the State Eligibility
Test (SET) for the post of Higher Secondary School Teacher (HSST)
conducted by the Government of Kerala or by the agency authorized
by the State Government.”
15. The argument advanced on behalf of the appellant and respondent
no. 3 rests on the absence of the words “in the concerned subject”
in clause (iii). However, we are of the view that a statutory provision
cannot be interpreted in isolation or by placing undue emphasis on
textual omission divorced from context, purpose and scheme.
16. In Reserve Bank of India v. Peerless General Finance and
Investment Co. Ltd., (1987) 1 SCC 424, this Court authoritatively
held that interpretation must depend on the text and the context
and that the statute must be read as a whole so as to advance its
object and suppress the mischief. It was observed that a construction
which leads to absurdity or defeats the purpose of the enactment
[2026] 3 S.C.R. 139
Zubair. P v. State of Kerala & Ors.
must be avoided. The relevant paragraph of the said decision is
reproduced as under:
“33. Interpretation must depend on the text and the context.
They are the bases of interpretation. One may well say if the
text is the texture, context is what gives the colour. Neither
can be ignored. Both are important. That interpretation
is best which makes the textual interpretation match the
contextual. A statute is best interpreted when we know why
it was enacted. With this knowledge, the statute must be
read, first as a whole and then section by section, clause by
clause, phrase by phrase and word by word. If a statute is
looked at, in the context of its enactment, with the glasses
of the statute-maker, provided by such context, its scheme,
the sections, clauses, phrases and words may take colour
and appear different than when the statute is looked at
without the glasses provided by the context. With these
glasses we must look at the Act as a whole and discover
what each section, each clause, each phrase and each
word is meant and designed to say as to fit into the scheme
of the entire Act. No part of a statute and no word of a
statute can be construed in isolation. Statutes have to be
construed so that every word has a place and everything
is in its place. It is by looking at the definition as a whole
in the setting of the entire Act and by reference to what
preceded the enactment and the reasonsfor it that the Court
construed the expression “Prize Chit” in Srinivasa [(1980)
4 SCC 507 : (1981) 1 SCR 801 : 51 Com Cas 464] and
we find no reason to depart from the Court’s construction.”
17. The Government Letter dated 18.01.2021 further clarifies that SET
must be in the concerned subject to become a Higher Secondary
teacher. The relevant part of the said Letter is reproduced as under:
“Your attention is drawn to the notification. Since it is
mandatory to pass the SET exam in the respective subject
to become a Higher Secondary teacher, it is informed that
the SET qualification in Sociology cannot be considered
for appointment to the HSST (English) post.”
18. At this stage, we would also like to refer to the prospectus for the
SET examination. The relevant paragraphs and the scheme of the
test is extracted as below:
140 [2026] 3 S.C.R.
Supreme Court Reports
“1. Introduction
In order to ensure the standards of teaching in Higher
Secondary Course, the Government have decided to
conduct the State Eligibility Test for the candidates to
be selected as Higher Secondary School Teachers
and Non-Vocational Teachers in VHSE. A pass in
the State Eligibility Test (SET) is stipulated as a
mandatory requirement for appointment as Higher
Secondary School Teachers in the State as per the
Special Rules in force.
XXX XXX XXX
2. Scheme of the Test.
2.1 There shall be two papers for the SET-JULY-2021.
Paper I
Paper I is common for all candidates. It consists of
two parts, Part(A) General Knowledge and Part(B)
Aptitude in Teaching.
Paper II
Paper II shall be a test based on the subject of
specialisation of the candidate at the Post Graduate
(PG) Level.”
19. On perusal of the aforesaid scheme of the test, it transpires that the
test consists of two papers where Paper II is based on the subject
of specialisation of the candidate at Post Graduate Level. Thus, it
is not in dispute that SET is conducted subject-wise and it includes
a paper testing postgraduate-level subject expertise, therefore, a
candidate cannot qualify in SET without choosing a specific subject
of specialisation. Hence, when SET qualification is itself subject-
specific, it is immaterial whether or not Rule 6.2(24)(iii) of Chapter
XXXII of the Rules provides for SET “in the concerned subject” or not.
20. The specific case of respondent no. 1 and respondent no. 4 that
the legislature decided to conduct SET examination for the post of
HSST in order to ensure the academic and teaching standards in
the Higher Secondary level and thus, the SET qualification must be
in the same subject as that of the HSST post, is well founded, as
[2026] 3 S.C.R. 141
Zubair. P v. State of Kerala & Ors.
the said submission is supported by the object and scheme of the
test laid down in the prospectus as well.
21. It is clear that the object of introducing SET for Higher Secondary
Teachers is to ensure subject competence and pedagogical suitability
at the Higher Secondary level, which is qualitatively distinct from lower
teaching cadres. Thus, in this backdrop, to accept the interpretation
of the appellant would result in a situation where a candidate tested
for eligibility in an entirely unrelated discipline could claim appointment
to teach another specialised subject and such an interpretation would
defeat the very object of prescribing the SET qualification at the
Higher Secondary level and would lead to manifestly absurd results.
22. Therefore, a purposive and contextual reading of Rule 6 of Chapter
XXXII of the Rules compels the conclusion that the SET qualification
must necessarily correspond to the subject of appointment, even if the
Rule does not expressly reiterate the phrase “concerned subject” in
clause (iii) of the said Rule. We are unable to accept the submission
that such an interpretation amounts to “adding words” to the Rule, as
this Court is duty bound to undertake a purposive and harmonious
interpretation of the statute.
23. The reliance placed by the appellant and respondent no. 3 on Girija
(supra) is misplaced and the High Court rightly distinguished the
said decision, as it concerned the cadre of High School Assistants
and the B.Ed. qualification and the issue in the present case involves
Higher Secondary cadre and the SET qualification, which stands
on a distinct footing with higher academic standards. The relevant
paragraph of the impugned judgment is reproduced as under:
“7. Before going into the said issue, it will be better to bear
in mind the well settled principles of interpretation. If the rule
is clear and unambiguous, the intention of the legislature
need not be gather with reference to the other rules We
must remember that Chapter XXXI Rule 2 of KER deals
with appointment of the High School Assistants, whereas
Chapter XXXII is concerning the Higher Secondary
School Teachers. The judgment of the Full Bench in Girija
(Supra) was concerned with the interpretation of Rule 2
of Chapter XXXI of KER. On a reading of the said Rule,
it becomes evident that there is no insistence to obtain
B.Ed in the concerned subject for appointment as HSA.
However coming to Rule 6.2(24) of Chapter XXXII K.E.R,
142 [2026] 3 S.C.R.
Supreme Court Reports
that is not the case. Therefore, we are of the view that
interpretation placed by the Full Bench of this Court in
Girija (Supra) cannot come to the aid of the appellant
in this case. Therefore, we find that the learned Single
Judge was perfectly justified in finding that the Rule 6 of
Chapter XXXII KER is differently worded from Rule 2 of
Chapter XXXI KER. It is also pertinent to note that, the
post to which these two Rules apply are also different.”
24. Further reliance placed by respondent no. 3 on the decision of a
learned Single Judge of the High Court of Kerala in the case of Geetha
(supra) is distinguishable, as it concerned Rule 10 of Chapter XXXII
of the Rules which provides for exemption for the SET qualification
in case of ten years teaching experience. However, the present case
is concerned about the very foundation of the SET qualification and
thus, the same cannot be treated lightly.
25. From the aforesaid detailed discussion, it can be said that the
concerned candidate is required to pass SET in the concerned subject.
In the present case, it is not in dispute that the appellant, though
having Bachelor’s Degree as well as Master’s Degree in Economics,
passed SET in Malayalam, whereas, respondent no. 4 is having the
degrees of Bachelor’s and Master’s in Economics as well as the SET
qualification in Economics. We are, therefore, of the view that when
respondent no. 4 is fulfilling all the required eligibility criteria including
the SET qualification in the concerned subject, the High Court has not
committed any error while passing the impugned judgment and order.
26. At this stage, it is also relevant to observe that it is the case of the
appellant that Rule 10(4) of Chapter XXXII of the Rules provides
that “teachers who have completed ten years of approved teaching
service at the High School level shall be exempted from passing
the State Eligibility Test”. Admittedly, the appellant has completed
09 years 10 months and 14 days service, i.e., less than ten years
which is the minimum prescribed by the Rules and, therefore, the
appellant is not entitled to seek an exemption under the said Rule.
Thus, we are of the view that the said contention of the appellant
is also misconceived.
CONCLUSION
27. Therefore, from the above detailed analysis, the answer to the
question posed for our determination is as under:
[2026] 3 S.C.R. 143
Zubair. P v. State of Kerala & Ors.
27.1. When Rule 6.2(24)(iii) of Chapter XXXII of the Rules is read
with the prospectus of the SET examination, particularly
Clause 2 of the prospectus, it can be safely said that the
candidate is required to pass SET in the concerned subject
to qualify for the appointment to the post of HSST in the
said concerned subject. Even though in Rule 6.2(24)(iii), the
words “in the concerned subject” are missing, the said Rule
cannot be interpreted in isolation and the textual omission
has to be inferred from context, purpose and scheme of the
provision. Thus, the said clause is required to be interpreted
in the aforesaid manner. and possession of SET qualification
in any other subject unrelated to the teaching post, does not
suffice the statutory eligibility criteria.
27.2. Therefore, the High Court has not committed any error in
affirming the decision of the learned Single Judge, wherein it
was declared that the appellant is not qualified for appointment
to the post of HSST (Economics) in a vacancy that arose
on 01.06.2021 in the concerned school and respondent no.
4 is eligible for appointment as HSST (Economics) in the
school w.e.f. 01.06.2021, with all consequential benefits, if
respondent no. 4 is found entitled and the findings in the
present judgment regarding the eligibility of respondent no.
4 shall also be considered while considering her claim for
appointment to the post.
27.3. Necessary orders shall be issued by the respondent-authorities
within a period of two months from the date of this judgment.
28. It is further clarified that in pursuance to the appointment made
to the post in question, no recovery of excess amount paid to the
appellant, if any, shall be carried out by the respondent-authorities.
29. For the aforesaid reasons, we are of the view that the present
appeals deserve to be dismissed and accordingly, both the present
appeals are dismissed.
Result of the case: Appeals dismissed.
†
Headnotes prepared by: Nidhi Jain
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