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2023 Supreme(Online)(Ker) 53650

KERALA HIGH COURT
K VINOD CHANDRAN, J
Helan Thilakom R. v. State of Kerala
Writ Petition No.XXXXX/XXXX



Advocates:
For the Appellant: N. James Koshy
For the Respondent: K. M. Faisal

Promotion of part-time teachers to full-time positions must not be contingent on working days, reaffirming equitable employment opportunities under the Kerala Education Rules.

Headnote:(A) Kerala Education Rules 1959 - Rule 43 - Promotion of Part Time Teachers to Full Time Posts - The petitioner, a Part Time Music Teacher, sought promotion on the basis of completed service under Exts.P9 and P10 orders of government. The argument that only teachers working full-time are entitled lacked support in the relevant orders. The Court noted the absence of stipulations against part-time service duration, thereby validating the entitlement for promotion retrospectively. (Paras 5, 6, 7)

(B) Employment Rights - Discrimination in Opportunity - Denial of music education to students based on teacher availability is discriminatory; the Court emphasized the need for equitable allocation of positions irrespective of student numbers.

Facts of the case:
The petitioner worked as a part-time teacher for many years, applying for a full-time post after completion of five years. Her claims were rejected citing that she worked only three days a week, opposing governmental policies promoting part-time teachers to full positions.

Findings of Court:
The petitioner is entitled to the benefits of Exts.P9 and P10 orders. Prior grants of benefits to similarly situated teachers were acknowledged, reinforcing her claim for promotion retroactively.

Issues: The primary issues revolved around the entitlement criteria for promotion from part-time to full-time status for music teachers and the discriminatory practices against students lacking access to music education.

Ratio Decidendi: The Court ruled that the absence of criteria restricting promotional eligibility to full-time teachers justified granting the requested promotion, aligning with the intent of Exts.P9 and P10.

Result: Writ petition allowed with directions for immediate promotion and benefit disbursement.

Table of Content
1. the importance of music in education and equitable access. (Para 1 , 7)
2. the circumstances surrounding the petitioner's promotion and the relevant orders. (Para 2 , 3 , 4)
3. entitlement to promotion based on government policies and prior applications. (Para 5 , 6)

1. This is the sad story of a Music teacher, who was forced to fight throughout her service to get a full-time post of Music teacher, after completing five years in the part time post. I highly suspect, whether our education system is giving due importance to music. There are several studies about the benefits of music for young children. Most kids love music. We all slept when we were kids with a 'lullaby' of our mother. Mother's 'lullaby' is the first song a kid hears in his/her life. There will not be a child in this country who has not heard a 'lullaby' from her mother or the grandparents while he/she goes to sleep. If any child has lost his/her parents in his/her early age, the kith and kins or this world itself will sing a 'lullaby' for the sound sleep of that child. That is our culture and tradition. In Malayalam language "Omanathinkal Kidavo" is the famous 'lullaby' that was composed by Irayimman Thambi on the birth of Maharaja Swathi Thirunal of Travancore. Sree Kaithapram Damodaran Namboothiri wrote a 'lullaby' in a Malayalam film "santhwanam" (Unni vavavo....). Music director of that song was the famous musician Mohan Sithara. The lyrics says that, for a sound sleep of my child, the sun, the stars and the three world itself should sleep. It will be better to extract that portion of the song here:
'ഉണ്ണീ വാവാവോ പൊന്നുണ്ണീ വാവാവോ
ഉണ്ണീ വാവാവോ വാവോ വാവാവോ
ഒരു കണ്ണായ് സൂര്യനുറങ്ങ് മറുകണ്ണായ് തിങ്കളുറങ്ങ്
തൃക്കൈയില്‍ വെണ്ണയുറങ്ങ് മാമൂണിനു ഭൂമിയൊരുങ്ങ്
തിരുമധുരം കനവിയുറങ്ങ് തിരുനാമം നാവിലുറങ്ങ്
എന്നുണ്ണിക്കണ്ണനുറങ്ങാന്‍ മൂലോകം മുഴുവനുറങ്ങ്
മൂലോകം മുഴുവനുറങ്ങ്
ഉണ്ണീ വാവാവോ പൊന്നുണ്ണീ വാവാവോ'
The studies show that, Music has got serious importance in child development. Some of the studies show that, it improves fine motor skills in the child because when music starts, normally kids will dance and jump. Music can have a lasting effect on their mobility and strength. Music develops language skills as song lyrics are rooted in various languages. Music can affect the emotions of the child. Singing, dancing, clapping etc. in a class room will definitely improve the self- confidence of a child. It will encourage team work. These are only some of the advantages of Music as per the studies available in the internet. Therefore, in my opinion, starting from mother's "lullaby" in the early age, music should continue throughout the school days of the children. Therefore, the Government should seriously think about the sanctioning of regular Music teachers' post in all schools, at least in primary section, irrespective of the student's strength or number of periods. Currently, the Music teacher's post is sanctioned based on number of students in a school, number of periods etc. If the strength of students in one school is less, then the post of Music teacher will not be sanctioned in that school. This in reality is a discrimination to the student community because if a student is studying in a school where there is less number of students they will not get the help of a Music teacher when compared to the students of another school where there is a post of Music teacher solely because the number of students in that school is high. What sin is committed by a student for denying Music solely because he/she is studying in a school with less than the required number of students? The student's strength or number periods in a school ought not have been a criteria for sanctioning at least for the post of Music teacher. Similarly additional financial liability to the state also should not be a reason for not sanctioning the post of music teachers in schools because the future of this nation is in the hands of the children. Of course, it is a policy decision to be taken by t































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