Legal tangle leaves government primary schools headless in Kerala

Tussle over promotion norms for teachers

June 01, 2021 06:41 pm | Updated June 02, 2021 11:59 am IST - Kozhikode

Children attending online classes from home at Anappara in Villadam grama panchayat in Thrissur as the new academic year started in the state on Tuesday. - K.K. Najeeb

Children attending online classes from home at Anappara in Villadam grama panchayat in Thrissur as the new academic year started in the state on Tuesday. - K.K. Najeeb

Lakhs of students in primary classes may have taken their baby steps to a new academic year on Tuesday, but the functioning of many government primary schools in the State may get affected in coming days as they have not had head teachers for long.

According to sources, 947 of the 3,617 government primary schools have been without head teachers for more than a year now. With many teachers having retired on May 31, the number could have gone up above 1,800.

In most of these places, additional charge has been given to head teachers from nearby schools. Educational officers are handling the daily affairs in some schools.

The case

A legal battle between the State government and a section of teachers who are qualified to be promoted as head teachers is the main reason for the impasse.

Functionaries of the Kerala Test Qualified Primary Teachers’ Union said that at least 12 years of teaching experience, and clearing of department-level tests and an examination on the Kerala Education Act and Rules (KEAR) are mandatory as per the Right to Education Act to become head teacher.

The Act also gave three years from 2011 for aspirants to pass the mandatory Account (Lower) test conducted by the Kerala Public Service Commission and the KEAR test. The Education Department, however, exempted those who turned 50 by 2014 June 2 from this rule. Promotions based on this were questioned in the Kerala High Court, which directed the government to issue a notification.

The State government in 2018 February issued an order making test qualification mandatory for promotion of teachers as head teachers.

However, the sub-rule (4) under 45 B in the KEAR contradicted that order as it permanently exempted those aged 50 from passing the Account (Lower) test. The Kerala Administrative Tribunal on February 25, 2019, put an end to the exemption, saying any executive order or circular from the government should not go against statutory rules.

HC order

The High Court, in another order on January 27, 2020, also cancelled the age-based exemption and directed to revert all those who were promoted as head teachers since 2018. After a section of unqualified head teachers approached the Supreme Court against this order, status quo was asked to be maintained.

The State government has not appointed head teachers to these schools since then. The union functionaries said that hundreds of people who are eligible to be promoted had been denied their due.

K.N. Anand, union leader, said that the KAT in February this year stayed a circular issued by the Education Department that said teachers aged above 50 could be promoted as head teachers even if they did not clear the mandatory tests.

A test-qualified teacher from Wayanad had been given appointment in March after he approached the KAT, claiming that he should be given a chance before retirement.

The union urged Minister for General Education V. Sivankutty to appoint test-qualified teachers as head teachers on a condition that their appointment would be re-examined subject to the final decision of the court.

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