The High Court of Kerala, through the learned judge, Justice Raja Vijayaraghavan in the case, Manager, KPM Higher Secondary School & Anr v. State of Kerala & Ors. (WP(C) NO. 17406 OF 2022 stayed recent amendments To Kerala Education Rules for one month.
BRIEF FACTS OF THE CASE: The petitioners challenged the recent amendments to Kerala Education Rules. The counsel for the petitioners alleged that if the provisions of the amendment were given effect, it could lead to a situation wherein there would be a dearth of teachers from June 1st to the 14th of July. As per the amendment, Rule 12(3) was inserted in Chapter XXIII, which stipulated that the additional division/additional post would be effective only from the 1st of October of each year. Amendments were also brought in, making the effective date of the staff fixation order as 15th of July of each year. Being aggrieved by these, among other provisions of the amendment introduced to the Rules, the petitioners filed the petition.
JUDGEMENT: The court took the prima facie view that the petitioners had made out a good case on merits. The court observed, “here appears to be considerable merit in the submission of the learned counsel that the provisions are inconsistent with the Right of Children to Free and Compulsory Education Act, 2009 and also the various provisions of the Kerala Education Act, 1958 and the Rules, 1959 and is likely to cause serious hardship to all the stakeholders”. As an interim measure, the court interdicted the respondents from enforcing or giving effect to the new amendments of Kerala Education Rules for a period of one month.
JUDGEMENT REVIEWED BY – AMRUTHA K