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Kerala high court rules against limiting appointments to Teachers Bank Kerala high court rules against limiting appointments to Teachers Bank

Jan-16-2015 | 0 Comments


KOCHI: The Kerala high court on Thursday quashed the orders issued by the state government limiting appointment of school teacher to Teachers Bank for infringing upon the rights of aided school managements.

Justice AV Ramakrishna Pillai quashed the government orders while considering 39 petitions filed by school managements challenging the validity of the government orders.

The orders issued by the government included limiting appointments to additional posts from teacher bank, setting the teacher-student ration at 1:45, and bringing aided school managements under the purview of Right to Information Act. In addition to these orders, other orders issued by the government on the basis of these have also been quashed.

One group of petitioners had questioned the government's order that required staff fixation for 2011-12 on the basis of staff fixation for the previous year. Government had required the managements not to make any appointments after the staff fixation in March 2011. Appointments could only be made to posts that become vacant due to promotions, deaths, retirements, and resignations as per the order. First appointment against these should be made from the teacher's bank, the government had directed.

The managements had contended that the government's orders in effect takes away the right of the managements to make appointments.

Contention of the government that the orders were issued only for the purpose of imposing some restrictions for a short period for the sake of convenience was not accepted by the court.

The orders were issued by the government without properly appreciating the provisions contained in Right of Children to Free and Compulsory Education Act, 2009, the court held.

Regarding the managements coming under the purview of RTI, the court held that they cannot come under the definition of 'public authority' as they don't function in observance and compliance with the terms and conditions imposed by the government.

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