The High Court on Monday restrained the State government for a month from enforcing or giving effect to the amendments to the Kerala Education Rules (KER) which include provision for disciplinary action against the teacher in charge and headmaster/headmistress and managers for creating new posts in their schools through bogus admission or forged attendance.
The court passed the order on a writ petition filed by the Association of Private School Aided Managers.
Protected teachers’ list
The other amendment stipulates that the additional posts shall be filled by appointing teachers from the list of protected teachers in the teachers’ bank with the permission of the Deputy Director (Education) concerned and by appointing teachers from the teachers’ bank.
The petitioner contended that the amendment was illegal and unsustainable because there was no such teachers’ bank in any district and there was no such a list of protected teachers.
The petitioner termed illegal yet another amendment which said the teacher in charge of a class in Classes I to VIII shall report the details of pupils who had been absent without leave for 15 working days consecutively or who had been continuously absent for five working days from the reopening day to the headmaster or headmistress or vice principal.
Follow-up action
The amendment also mandated that the headmaster or headmistress or the vice principal, as the case may be, shall take immediate follow-up actions.
The petitioner said this provision went against the Right of Children to Free and Compulsory Education Act, 2009, as no student could be removed without consulting the local authority.
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