Published: 07th June 2022
Kerala HC stays amendments to Kerala Education Rules for a month
The court passed the order on a writ petition filed by the Association of Private School Aided Managers challenging the amendments
The Kerala High Court, on Monday, June 6, restricted the state government for a month from enforcing or giving effect to the amendments made to Kerala Education Rules (KER). This includes the provision for taking disciplinary actions against the teacher-in-charge and headmaster/headmistress and managers for establishing new positions in their schools through bogus admission or forged attendance.
The Bench said, "Prima facie, I am of the view that the petitioners have made out a good case on merits,” and added that as an interim measure, the authorities are interdicted from enforcing or giving effect to the amendments for a period of one month.
The ruling came after the Association of Private School Aided Managers filed a writ suit opposing the modifications. The other revisions stated that the managers would fill the new positions by appointing teachers from the list of protected teachers in the teacher bank, with the authorisation of the Deputy Director in-charge and by appointing teachers from the teacher bank in a 1:1 ratio.
The petitioner claimed that the amendment was unconstitutional and unsustainable because no such teachers' bank existed in any district and no such list of protected teachers existed. Another amendment, according to the petitioner, is illegal because it requires the teacher in charge of class in Classes I to VIII to report to the Headmaster, Headmistress or Vice-Principal the names of pupils who have been absent without leave for fifteen working days in a row or who have been continuously absent for five working days from the reopening day. The petitioners' concerns have been noted by the Additional Advocate General Government.