Times of India: Kochi: Friday, January 16, 2015.
The Kerala
high court on Thursday quashed the orders issued by the state government
limiting appointment of school teacher to Teachers Bank for infringing upon the
rights of aided school managements.
Justice AV
Ramakrishna Pillai quashed the government orders while considering 39 petitions
filed by school managements challenging the validity of the government orders.
The orders
issued by the government included limiting appointments to additional posts
from teacher bank, setting the teacher-student ration at 1:45, and bringing
aided school managements under the purview of Right to Information Act. In
addition to these orders, other orders issued by the government on the basis of
these have also been quashed.
One group of
petitioners had questioned the government's order that required staff fixation
for 2011-12 on the basis of staff fixation for the previous year. Government
had required the managements not to make any appointments after the staff
fixation in March 2011. Appointments could only be made to posts that become
vacant due to promotions, deaths, retirements, and resignations as per the
order. First appointment against these should be made from the teacher's bank,
the government had directed.
The
managements had contended that the government's orders in effect takes away the
right of the managements to make appointments.
Contention of
the government that the orders were issued only for the purpose of imposing
some restrictions for a short period for the sake of convenience was not
accepted by the court.
The orders
were issued by the government without properly appreciating the provisions
contained in Right of Children to Free and Compulsory Education Act, 2009, the
court held.
Regarding the
managements coming under the purview of RTI, the court held that they cannot
come under the definition of 'public authority' as they don't function in
observance and compliance with the terms and conditions imposed by the
government.
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