LAWS(KER)-2020-11-846

ADARSH D.S. Vs. STATE OF KERALA

Decided On November 24, 2020
Adarsh D.S. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This writ petition is filed by a Manager of an aided vocational higher secondary school against the action of the respondents in refusing to create posts and permit the appointments of Vocational Instructor, Vocational Teacher, Laboratory Technical Assistant and Non Vocational Teacher English (Junior) in respect of posts sanctioned to the school.

(2.) It is submitted by the learned counsel for the petitioner that the additional posts were sanctioned from the academic year 2016-17 onwards. The proposal for creation of posts was pending consideration before the respondents. However, by the orders impugned, the respondents have rejected the request of the petitioner for creation of posts for regular appointments to be made against them. The learned counsel for the petitioner submits that the petitioner has been enabled to make appointments only on daily wage basis and that the teaching posts have been filled up by engaging guest teachers and that the said course is detrimental to the interests of the school and the students.

(3.) A counter affidavit has been placed on record by the 1 st respondent. It is submitted therein that sanction for one additional batch in Agri Business and Farm Service was granted in respect of the academic year 2016-17. It is further submitted that the Government had withheld the proposal for sanctioning of new posts in the newly sanctioned courses in view of the fact that unification of Vocational Higher Secondary Education and General Education Departments was under consideration. It is further submitted that as a part of the National Policy on Education, the National Skill Qualification Frame work was being implemented in 101 Government Vocational Higher Secondary Schools during 2018-19 and 2019-20. It is stated that the scheme is being implemented in the aided sector also and that the question of sanction of posts can be considered only after the scheme is implemented and the requirement of posts and teachers is verified thereafter.