The Hindu : Kerala / Kochi News : Order to managements upheld

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Thursday, Mar 17, 2011
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Kerala

Kerala - Kochi

Order to managements upheld

Special Correspondent

Appointment of protected teachers in vacancies in schools

KOCHI: The Kerala High Court on Wednesday upheld a State government order requiring the managements of aided schools to appoint protected teachers and non-teaching staff in vacancies arising in their schools from 2010-11 academic years in equal proportion to the appointments already made in the additional division vacancies from 2006-07 to 2009-10.

The government order upheld by Justice K.T. Sankaran also required the managements to appoint protected teachers and qualified persons from the open recruit in the ratio of 1:1.

The government had made these conditions while approving the appointments made by the managements to the posts of teachers and non-teaching staff following the creation of additional divisions.

The government had earlier imposed a ban on appointments of teachers and non-teaching staff in additional division vacancies in aided schools with effect from 2006-07 academic years. However, several managers had made appointments despite the ban. It was lifted following requests from various quarters subject to certain conditions.

The judge upheld the order while dismissing a batch of writ petitions filed by various managements. The petitioners contended that the order was against the provisions of the Kerala Education Act and Rules.

The government could not impose conditions by way of an executive order, they contended. According to them, the order made inroads into the rights of the managers to appoint teachers. On the other hand, the Advocate-General (AG) argued that the order did not affect the power of the managers to appoint teachers.

The court said that the managers could appoint teachers or non-teaching staff only subject to the rules and conditions laid down by the government. The court said the power of the manager under section 11 of the Kerala Education Act was not absolute or unbridled. The manager of an aided school could not appoint a teacher as he/she liked. It was regulated by the rules and conditions laid down by the government. The court rejected the contention that the order had violated the minority rights under Article 30(1).

Order stayed

Justice Antony Dominic stayed a government order exempting the unqualified homeopathic practitioners who had been practising for 20 years or more as on January 1, 2011, from taking registration under the Travancore Cochin Medical Practitioners Act.

The court while issuing the interim order observed that the exemption proviso to Section 38 of the Travancore Cochin Medical Practitioners Act prima facie appeared to have run counter to section 15 of the Homeopathy Central Council Act. The interim order came on a writ petition filed by the Institution of Homeopathy.

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