Unaided recognised schools have no legal right to employ any teacher beyond the age of 60, as it violates Government directives, which are conditions for recognition.

K.S. Radhakrishnan, J.

The question that arises for consideration in this case is whether an unaided recognised school under the Kerala Education Act and Rules could appoint a teacher who has crossed 60 years of age as Headmistress of the school.

2. The age of retirement of teachers in Government as well as aided school is 55 years. It is seen that Association of Managers of Unaided Recognised Schools made request before the State Government for extension of age of retirement of teachers in unaided recognised school to 60 years. The matter was discussed with the Manager's Association on 26.6.1985. Government then issued letter No. 63653/Jl/85/G.Edn. dated 14.7.1986 addressed to the Director of Public Instruction directing that no retired teacher if appointed in recognised schools be allowed to continue in service beyond the age of 60 years. District Educational Officer, Thiruvananthapuram received a complaint of the continuance of Sr. Stella as the Headmistress of Carmel Girls High School, beyond 60 years of age. It was noticed that she was 69 years of age. District Educational Officer therefore making reference to the abovementioned letter dated 14.7.1986 directed the manager not to allow the teacher to continue beyond 60 years of age. Manager was requested to appoint another teacher as Headmaster of the school replacing Sr. Stella since she is more than 60 years of age.

3. This Writ Petition was filed by the Manager of the school challenging the direction given by the District Educational Officer. O.P. 23373/2000 was filed on behalf of parents of the students of Carmel Girls' High School for implementation of the order passed by the District Educational Officer. There is some controversy with regard to the identity of some of the petitioners in O.P. 23373/2000. There are allegations and contra-allegations against each other. We are of the view that those issues need not be gone into by this Court since counsel on either side have not pressed those issues for consideration. We are therefore not examining those disputed questions.

4. We may therefore examine the question as to whether manager of the unaided recognised school has got the power to appoint a teacher who has crossed 60 years of age. Recognised School is defined as private school recognised by the Government under the Kerala Education Act. Recognised school is defined under S.2(8) of the Kerala Education Act. S.3 of the Act deals with establishment and recognition of schools which, says that Government may regulate the primary and other stages of education and courses of instructions in Government and private schools. We may extract the said provision for easy reference.

"3. Establishment and recognition of schools: (1) The Government may regulate the primary and other stages of education and courses of instructions in Government and private schools.

(2) The Government shall take, from time to time, such steps as they may consider necessary or expedient, for the purpose of providing facilities for general education, special education and for the training of teachers.

(3) The Government may for the purpose of providing such facilities:

(a) establish and maintain schools;

(b) permit any person or body of persons to establish and maintain aided schools; or

(c) recognise any school established and maintained by any person or body of persons.

(4) All existing schools shall be deemed to have been established in accordance with the Act:

Provided that the educational agency of an aided school existing at the commencement of this section may, at any time within one month of such commencement, after giving notice to the Government of its intention so to do, opt to run the school as a recognised school, subject to the condition that the services of the teachers and other members of the staff of the school shall not be dispensed with or their conditions of service under the management varied to their disadvantage on account of the exercise of this option.

(5) After the commenc