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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
Venugopalan H S/o.k. Haridas – Appellant
Versus
District Educational Officer, Palakkad – Respondent
JUDGMENT :
These writ petitions pertain to the appointment of Head- teachers in the Upper Primary/Lower Primary Schools with specific reference to Rule 18(1) of the Kerala Right of Children to Free and Compulsory Education Rules, 2011.
2. The conditions of service of aided school teachers were prescribed under Chapter XIVA of the Kerala Education Rules, 1959 (hereinafter referred to as the ‘KER’). Rule 45B provided for the obligatory qualifications for teachers seeking promotion as Headmasters of LP/UP Schools. Sub-rule (1) thereto provided that an Account Test (Lower) conducted by the Kerala Public Service Commission shall be an obligatory qualification. Sub-rule (2) provided exemption from the requirement for the qualification under sub-rule (1) as against those who were holding the post of Headmaster in the LP/UP Schools as on the date of introduction of Rule 45B and sub-rule (3) extended a temporary exemption to those teachers awaiting promotion as Headmasters from the requirement of sub-rule (1) till 31.03.1988. At the same time, sub-rule (4) extended a complete exemption from the rigor of sub-rule (1) for those teachers who have attained the age of 50 years.
3. The Right of Chil
Amendments to qualifications for Head-teachers cannot have retrospective effect as they violate vested rights under existing rules.
Teachers over 50 years old are permanently exempt from certain qualification requirements under Rule 45B(4) of the Kerala Education Rules.
As per the newly inserted Rule 17 of the KER, any pecuniary loss caused to the Government on account of the creation on holding of such posts is to be recovered from the teacher in charge of the clas....
Leave Without Allowance does not count towards service period for promotions; teachers over 50 years are exempt from test qualifications if the vacancy arises after reaching that age.
Exemptions from K-TET qualifications are not indefinite; adherence to current regulations is mandatory for teacher appointments.
The state can prescribe additional qualifications for teacher recruitment without violating central educational standards.
The central legal point established in the judgment is the binding nature of qualifications prescribed by the NCTE and the illegality of State Government amendments in contravention of statutory prov....
The statutory right of Peons in Aided Upper Primary Schools to be considered for appointment as teachers under the Kerala Education Act and Rules, and the interpretation of provisions to harmonize co....
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