Dr. Sharmad vs State Of Kerala 2025 INSC 70 - Service Law - KS & SSR

Kerala State and Subordinate Services Rules, 1958 - Rule 10 is entirely irrelevant and immaterial for appointment on promotion in the Administrative and Teaching Cadres of the Medical Education Services - Rule 10(ab) (Para 20)-‘Recruitment Rules’ is used in Rule 10(ab) as an alternative to Special Rules, without the same being defined. To understand what ‘Recruitment Rules’ would mean in the context, one may simultaneously read Rule 10(a)(i) extracted supra - Without ‘Recruitment Rules’ being defined, it can take colour from Rule 10(a)(i) and be understood to mean and include executive orders of the Government in a case where Special Rules are absent- in the absence of rules, recourse to recruitment based on executive orders could be taken. (Para 13)

Interpretation of Statutes - No word, no phrase and no expression used in a legislation should be excluded as surplusage, while the courts embark on a course of interpretation. (Para 20) - The intention of the rule framer has to be assessed on both parameters i.e. the words used and that of necessary implication. (Para 26)

Legal Maxim - Expressio unius est exclusio alterius - Whatever has not been included has impliedly been excluded. (Para 22)