Kerala HC upholds state government’s Kerala Education Rules

The court has directed that protected teachers should be appointed to all future vacancies in schools that were opened or upgraded since May 22, 1979. For schools that were in existence prior to 1979, the court has allowed the school managements to make appointments to one out of two vacancies. At the same time, the court has declared as unsustainable a change introduced to KER (sub rule 8 of Rule 7 of Chapter XXI) stipulating that managements cannot recruit teachers outside the teachers bank even if there are not enough teachers in the bank maintained in any of the districts.

 A batch of petitions filed by aided school managements challenging the changes in KER was considered by the court. While disposing the petitions, the court has also asked the government to formulate a scheme to find out the law-abiding managements and to issue suitable provisions to grant them incentives or relaxation on the conditions for appointing protected teachers.
The changes were brought in by the government on January 29th last year. It was stipulated that the managements of schools opened or upgraded after 1979 should appoint teachers only from the teachers bank. The managements had contended that such a stipulation would prevent them from making appointments to vacancies arising out of retirements, resignations, and deaths.
As carried in TOI

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