VidhiSangh

Supreme Court of India · 13/02/2026

ZUBAIR. P versus STATE OF KERALA & ORS.

[2026] 3 S.C.R. 125 · 2026 INSC 151

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Summary

For appointment as a Higher Secondary School Teacher (HSST) in a subject, the State Eligibility Test (SET) under Rule 6 of Chapter XXXII of the Kerala Education Rules must be passed in that subject. The rule does not repeat the words 'in the concerned subject', but SET is itself a subject-wise test and the rule must be read purposively. The appellant, who had SET in Malayalam and less than ten years' approved high school service, was not qualified for HSST (Economics), and the High Court's decision in favour of respondent no. 4 was upheld.

Issues

  1. Whether Rule 6 of Chapter XXXII of the Kerala Education Rules, entry (24) clause (iii), requires the SET qualification to be in the subject of appointment, or whether SET in any subject is enough for appointment as HSST (Economics).
  2. Whether the appellant was exempt from the SET requirement under Rule 10(4) of Chapter XXXII on the strength of ten years' approved teaching service at the high school level.

Provisions considered

Held

Result

Appeals dismissed. The High Court's judgment was affirmed, and respondent no. 4's claim to appointment as HSST (Economics) from 01.06.2021 is to be considered with consequential benefits, the authorities to issue orders within two months. No recovery is to be made of any excess amount paid to the appellant.

Judgment PDF: Supreme Court of India, [2026] 3 S.C.R. 125.