Southern States - Kerala   

HC stays Govt. decision on teachers' salary

By Our Staff Reporter

KOCHI April 11 . A Division Bench of the Kerala High Court on Friday stayed the State Government decision to pay salary to teaching and non-teaching staff of 35 unaided schools functioning in the State under the Central Government's Area Intensive Programme for Educationally Backward Minorities.

The Bench comprising Justice K.S. Radhakrishnan and Justice K. Padmanabhan Nair stayed the Government Order on the decision when a writ appeal filed by K.R. Narayana Pillai, Manager, Mahatama High School, Chennithala, and a few writ petitions challenging the order came up before it. The court was of the view that the scheme was only to provide basic educational infrastructure and facilities in areas where educationally backward minorities were concentrated and which did not have adequate provision for elementary and secondary education. The scheme provided financial assistance only for the establishment of infrastructure and physical facilities in primary and upper primary schools and opening of Multi-Stream Residential Higher Secondary Schools for Girls. In fact, it was funded by the Department of Education on 100 per cent basis and the State Government and voluntary agencies needed only to implement the same.

The Bench added that all the schools referred in the Government Order were unaided recognised schools under the Kerala Education Act and Rules. Just like any other unaided school, the educational agency had to meet the salary of teachers and non-teaching staff and not the State Government from its pocket. There were several unaided recognized schools set up by members of the Scheduled Castes and Scheduled Tribes communities and other communities. The salary for teaching and non-teaching staff were to be met by them.

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