The Kerala High Court has held that the educational officers under the Kerala Education Act and Rules made thereunder have no disciplinary control over teachers in the schoosl affiliated to CBSE
The bench comprising Justice Chitambaresh and Justice Narayana Pisharadi observed that such educational officers have no jurisdiction to order reinstatement in service of teachers in the school affiliated to CBSE and the management is not obliged to honour the same.
The bench was answering a reference from the single bench in this regard. Two writ petitions were referred to Division bench: One filed by the management of the school affiliated to CBSE challenging the order of the District Educational Officer directing the teachers to be reinstated in service; another filed by the three teachers therein for a direction to reinstate them in service in implementation of the order of the District Educational Officer.
The bench observed that a school affiliated to CBSE neither gets any aid from the State Government nor does it require any recognition from the State Government for it to be termed as 'private' or 'recognised'. Only a No Objection Certificate is required to be issued by the State Government for permission to affiliate such school to CBSE as per the executive orders issued by the State Government, the court noted. The bench said:
"Chapter XIV(AA) of the K.E.R. deals with conditions of service of teaching and non-teaching staff of 'recognised unaided' schools which obviously do not take in the schools affiliated to CBSE. Rule 3 of Chapter XIV(AA) K.E.R. necessitating a domestic enquiry to be conducted before the termination of the services of a teacher or non-teaching staff does not therefore apply. Neither the K.E.Act nor the K.E.R. clothes the educational officers with the jurisdiction to exercise disciplinary control over the teachers and nonteaching staff in schools affiliated to CBSE."
The bench approved the single bench judgment that held that the educational officers under the K.E.Act or K.E.R. have no authority over teachers in the school affiliated to CBSE. The bench answered the reference as follows: