VENUGOPALAN Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) These writ petitions pertain to the appointment of Head- teachers in the Upper Primary/Lower Primary Schools with specific reference to Rule 18(1) of the Kerala Right of Children to Free and Compulsory Education Rules, 2011.

(2.) The conditions of service of aided school teachers were prescribed under Chapter XIVA of the Kerala Education Rules, 1959 (hereinafter referred to as the 'KER'). Rule 45B provided for the obligatory qualifications for teachers seeking promotion as Headmasters of LP/UP Schools. Sub-rule (1) thereto provided that an Account Test (Lower) conducted by the Kerala Public Service Commission shall be an obligatory qualification. Sub-rule (2) provided exemption from the requirement for the qualification under sub-rule (1) as against those who were holding the post of Headmaster in the LP/UP Schools as on the date of introduction of Rule 45B and sub-rule (3) extended a temporary exemption to those teachers awaiting promotion as Headmasters from the requirement of sub-rule (1) till 31/3/1988. At the same time, sub-rule (4) extended a complete exemption from the rigor of sub-rule (1) for those teachers who have attained the age of 50 years.

(3.) The Right of Children to Free and Compulsory Education Act, 2009, (hereinafter referred to as the 'Central Act') was introduced by the parliament to provide free and compulsory education to all children of the age of 6-14 years. The Central Government framed the Right of Children to Free and Compulsory Education Rules, 2010 (hereinafter referred to as the 'Central Rules') in exercise of the rule-making power under Sec. 38 of Central Act. The State Government, too, came out with the Kerala Right of Children to Free and Compulsory Education Rules, 2011 (hereinafter referred to as the 'Kerala Rules') under Sec. 38 of the Act. Rule 18 of the Kerala Rules originally provided as under:-