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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ, J
Annamma Jacob – Appellant
Versus
State Of Kerala, Represented By The Secretary To Government, General Education Department – Respondent
| Table of Content |
|---|
| 1. examination of parity in departmental test exemptions for aided versus government school principals. (Para 1 , 2 , 3 , 4 , 5 , 6 , 8 , 9) |
| 2. statutory provisions governing test exemptions under ks&ssr versus kerala education rules. (Para 10 , 11 , 12 , 13 , 35 , 40) |
| 3. principle of equality and non-discrimination between government and aided sector teachers. (Para 14 , 15 , 16 , 17 , 18 , 19 , 23 , 24 , 25 , 26 , 29 , 30 , 31 , 32 , 33 , 34 , 42 , 43 , 44) |
| 4. application of promissory estoppel and legitimate expectation regarding approved service benefits. (Para 20 , 21 , 22 , 36) |
| 5. retrospective effect of curative/clarificatory government orders curing legislative omissions. (Para 37 , 38 , 39 , 59 , 60 , 61 , 62 , 63) |
| 6. defense regarding pleading limitations and non-admissibility of retrospective benefits. (Para 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52) |
| 7. absence of intelligible differentia mandates parity in service benefits for aided school principals. (Para 53 , 54 , 55 , 56 , 57 , 58 , 64 , 65) |
JUDGMENT :
P.M.MANOJ, J.
The question that arises for consideration in these writ petitions is whether there exists any intelligible differentia in denying exemption from pas
Denying aided school principals the permanent exemption from departmental tests available to government principals after age 50 constitutes unconstitutional discrimination, as no intelligible differe....
Denial of departmental test exemption to aided school teachers while granting it to Government sector teachers, despite identical duties, constitutes discriminatory practice under Article 14, and cur....
The denial of benefits based on temporal qualifications is unjustifiable when similar exemptions are granted to others.
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 Rule 37 of Chapter XIV(A) of KER seniority of a teacher in any grade/in any unit shall be decided with reference to length of continuous service in that grade/in that unit provided he is duly ....
Duties relating to election to the local authority or the State Legislatures or Parliament relate to conduct of elections and consequent deployment of teachers on the days of poll and counting, the t....
Aided school teachers cannot contest elections as it contradicts their duties under the Right to Education Act, reinforcing the importance of quality education.
a teacher who has obtained a right to preferential appointment to future vacancies in identified posts, based on past service rendered in a teaching post in the school prior to retrenchment therefrom....
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