SR CLETA Vs. STATE OF KERALA

JUDGEMENT

(1.) The question that arises for consideration in this case is whether an unaided recognised school under the Kerala Education Act and Rules could appoint a teacher who has crossed 60 years of age as Headmistress of the school.

(2.) The age of retirement of teachers in Government as well as aided school is 55 years. It is seen that Association of Managers of Unaided Recognised Schools made request before the State Government for extension of age of retirement of teachers in unaided recognised school to 60 years. The matter was discussed with the Manager's Association on 26.6.1985. Government then issued letter No. 63653 / J1/85 / G.Edn. dated 14.7.1986 addressed to the Director of Public Instruction directing that no retired teacher if appointed in recognised schools be allowed to continue in service beyond the age of 60 years. District Educational Officer, Thiruvananthapuram received a complaint of the continuance of Sr. Stella as the Headmistress of Carmel Girls High School, beyond 60 years of age. It was noticed that she was 69 years of age. District Educational Officer therefore making reference to the above mentioned letter dated 14.7.1986 directed the manager not to allow the teacher to continue beyond 60 years of age. Manager was requested to appoint another teacher as Headmaster of the school replacing Sr. Stella since she is more than 60 years of age.

(3.) This Writ Petition was filed by the Manager of the school challenging the direction given by the District Educational Officer. O. P. 23373/2000 was filed on behalf of parents of the students of Carmel Girls' High School for implementation of the order passed by the District Educational Officer. There is some controversy with regard to the identity of some of the petitioners in O. P. 23373/2000. There are allegations and contra allegations against each other. We are of the view that those issues need not be gone into by this Court since counsel on either side have not pressed those issues for consideration. We are therefore not examining those disputed questions.