KOCHI: The Kerala High Court on Monday restrained the state government for a month from enforcing or giving effect to the amendments brought to Kerala Education Rules (KER) which include provision for disciplinary action against the teacher-in-charge and headmaster/ headmistress and managers for creating new posts in their schools through bogus admission or forged attendance.
“Prima facie, I am of the view that the petitioners have made out a good case on merits,” held the Bench 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 court passed the order on a writ petition filed by the Association of Private School Aided Managers challenging the amendments. The other amendments stipulated that the additional posts shall be filled up by the managers by appointing teachers from among the list of protected teachers in the teacher bank, with the permission of the Deputy Director concerned, and by appointing teachers from the teacher’s bank in the ratio 1:1 respectively.
The petitioner contended that the amendment was illegal and unsustainable because there was no such teachers’ bank in any district and there was no such list of protected teachers. The petitioner termed as illegal yet another amendment which said the teacher in charge of class in classes I to VIII shall report the details of pupils who had been absent without leave for fifteen working days consecutively or who had been continuously absent for five working days from the re-opening day to the Headmaster or Headmistress or vice-principal. The Additional Advocate General Government has taken note of the issues highlighted by petitioners.