AIR 2001 SUPREME COURT 216 ::2000 AIR SCW 4104 ::2001 LAB. I. C. 66 ::2001 (1) SCC 151 ::2001 SCC (L&S) 174 ::(2000) 7 Scale 460 ::2001 (1) ESC 115 ::2001 (1) LabLN 70 ::2001 (1) SCT 705 ::2001 (1) ServLR 217 ::(2001) 1 UPLBEC 649 ::2000 (7) Supreme 666 ::2000 (2) JT (Supp) 571 ::2000 (10) SRJ 192

Supreme Court Of India

(From : Kerala)*

Hon'ble Judge(s): G. B. Patnaik, B. N. Agrawal , JJ

Administrative Law - Administrative instructions - Higher Secondary School Education services - Statutory Rules governing service conditions in offing - State Govt. has power to issue Administrative order - Govt. order dated 13-5-1998 providing for 25% of vacancies to be reserved for appointment from qualified teachers of school, valid - Govt. order remains in force till date statutory Rules are notified - Appointments made in pursuance to Govt. order not liable to be annulled. Constitution of India , Art.162— Kerala Education Act (6 of 1959) , S.1, S.36— The State Government has the power to issue Administrative Order governing the service conditions of its employees in the absence of any statutory provisions governing the field. The provisions of the Kerala Education Act (1958) and the Rules made thereunder will have no application to the institution imparting education to standard 11 and 12 which is a concept subsequent to the enactment of rules on account of the National Education Policy. In view of this the Govt. appears to have issued impugned Govt. order dated 13-5-1998 which governs conditions of service of teachers appointed for teaching class XI and XII. The Govt. Order cannot be challenged as violative of R. 43 of Kerala Education Rules framed under Kerala Education, Act, 1958. On grounds that it changed the mode of recruitment provided under R. 4....