C N SUKUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS writ petition is filed describing itself as a public interest litigation. First petitioner claims to be social activist and the second petitioner is stated to be the father of a student of a school with only three divisions and the 3rd petitioner is an aspirant for appointment as HSA Natural Science. The grievance highlighted in the writ petition is that students in schools having only three divisions i.e, one division each for 8th, 9th and 10th standards are not getting proper education in Natural Science i.e, Biology. According to the petitioners, most of the schools in Idukki District are having only one division in each of the classes and in such schools, there is no HSA appointed to teach Natural Science, as a result of which, the students are not getting proper education in Biology. It is stated that, in such schools, Physical Science teachers, who are graduates in Physics and Chemistry, are made to teach Natural science also. Petitioners have also produced Exts.P4 to P9 information obtained under the Right to Information Act in support of their aforesaid contention. On the above basis, they are seeking a direction from this Court requiring the respondents to appoint Natural Science Graduate teachers in schools having one division each in the Higher Secondary section.

(2.) A statement and a counter affidavit has been filed by the 2nd respondent. According to the 2nd respondent, strength of students, subject ratio and appointment of teachers are matters which are governed by the provisions of the Kerala Education Act, the Kerala Education Rules and the Government Orders issued from time to time. It is stated that consistent with the statutory provisions, appointments have been made and therefore there is no merit in the contentions raised by the petitioners. Petitioners have also filed reply affidavits reiterating their contentions in the writ petition.

(3.) SECTION 4 of the Act provides for the establishment of a State Education Advisory Board for the purpose of advising the Government on matters pertaining to educational policy and administration of the Department of Education, the constitution of the Board, its tenure and such other matters. SECTION 10 provides that the Government shall prescribe the qualifications to be possessed by persons for appointment as teachers in Government and Private Schools. SECTION 11 provides that subject to the rules and conditions laid down by the Government, teachers of aided schools shall be appointed by Managers of such schools from among those who possess the qualifications prescribed under SECTION 10. SECTION 36 of the Act confers power on the Government to make rules for the purpose of carrying into effect the provisions of the Act, the details of which may not be necessary at this stage.