KAT stays order on promotion

The Ernakulam Additional Bench of the Kerala Administrative Tribunal (KAT), Thiruvananthapuram, on Wednesday stayed an order of the Principal Secretary, General Education, allowing promotion of unqualified persons “in public interest” as head teachers in government primary schools in the State.

The stay order is also applicable to a letter sent by the Principal Secretary to the Director General of Education (DGE) and a circular issued by the DGE to all educational officers calling for appointment of head teachers only on seniority basis. The Bench directed the Principal Secretary, the DGE, and the Deputy Director of Education, and District Education Officer, Kozhikode, to give “preferential appointment” to qualified teachers as head teachers where the post had become vacant after May 31, 2019, if there is any “extreme emergency” and “public interest”.

The Principal Secretary had issued the order on October 21 in view of around 2,000 schools remaining headless in the State following a court stay on promotions in a case filed by teachers who passed the mandatory department-level tests to qualify as head teachers. At least 12 years of teaching experience, and clearing of department-level tests and an examination on the Kerala Education Act and Rules are mandatory as per the Right to Education Act to become a head teacher.

The Government is reported to have issued the order to avoid a possible administrative logjam because of the shortage as the classes begin next month. The order cited Rule 31(a)(i) of the Kerala State &Subordinate Service Rules to enable the appointing authority to promote a person on a temporary basis if there is a delay in the promotion process according to rules.

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Printable version | Dec 6, 2021 3:18:15 AM |

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