Kerala Education Rules | Managers Of Aided Schools Have Duty To Appoint Protected Teachers Only If A List Is Already Sent To Him: High Court

The Kerala High Court held that the managers of aided school have an obligation to appoint 'protected teachers' only when they are already provided with the list of 'protected teachers'Kerala Education Rules (KER) defines protected teacher as a teacher who has been retrenched for want of vacancy after putting such length of regular service as specified by the Government or is otherwise eligible for such protection. As per Rule 6 (viii) of Chapter V of KER, every school has to absorb qualified teachers/ non-teaching staff who are eligible for protection as per orders issued by Government.In the instant case, the petitioner was appointed as High School Assistant (HSA) (Hindi) in Mary Matha High School, Panthalampadam in 2008. The approval of the appointment was rejected by the District Education Officer saying the vacancy had to be filled by a protected teacher. This decision was appealed before the Deputy Director of Education. The appeal was rejected. Subsequently, a revision petition was filed before the Government which was also rejected.The District Education Officer contended before the Court that as per a Government order, the school is obliged to appoint one protected teacher.The petitioner contended before the Court that there is nothing to show a list of protected teachers was sent to the Manager.The Court noted that various circulars issued by the Director General of Education mandates that the Deputy Director of Education has to send a list of protected teaches to the Manager. The Court took into account its earlier decision in State of Kerala and Others v Haseena and Another (2013), where it was held that Managers has an obligation to appoint protected teachers, whenever a list is sent to them and beyond that they have no obligation. Further in Nadeera T. S. and Another v State of Kerala and Others (2011) the Court observed that there was no enabling provision which allows the Educational Officer to postpone the approval of appointment till a protected teacher is appointed till a Government Order was issued in 2009 which can operate prospectively.Justice K. Babu noted that unless the vacancy is filled the Manager will not be able to conduct the school in a proper manner. He observed that while the Manager has the obligation to appoint a protected teacher, the system should not be stretched so much as to deny the approval of the appointment of a qualified teacher, especially in a vacancy which arose out of retirement.Accordingly, the petition was allowed.Counsel for the Petitioners: Advocates V. A. Muhammed, M. SajjadCounsel for the Respondents: Adv. E. G. Gorden (GP)Case No: WP(C) 2454 of 2021Case Title: Leena V. A. v The State of Kerala and OthersCitation: 2025 LiveLaw (Ker) 38Click Here To Read/ Download Order

Kerala Education Rules | Managers Of Aided Schools Have Duty To Appoint Protected Teachers Only If A List Is Already Sent To Him: High Court

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