CHITHRA C. R. Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions raise the issue of directions for enforcement of conditions of service of teachers appointed in unaided schools in the State. W.P(C).No. 25997 of 2015 is filed by a teacher employed by the 10th respondent's school seeking consideration of her claims for payment of fair wages in accordance with the judgment of this Court in State of Kerala Vs. Mythri Vidya Bhavan English Medium School and another [2012 (4) KHC 321]. W.P(C).No. 1514 of 2016 is filed by a teacher of the respondent-school seeking directions to the respondents not to terminate the services of the petitioner without conducting a domestic enquiry. W.P(C).No.12912 of 2016 is filed by a teacher of the 3rd respondent's school challenging Exhibits P9 and P11 orders removing her from service.

(2.) Heard learned counsel for the petitioners, learned counsel appearing for the contesting respondents and the learned Senior Government Pleader as well as the Amicus Curiae appointed in by this Court by order dated 17.3.2016.

(3.) The learned counsel appearing for the writ petitioners would contend that unaided schools are also subject to the provisions of Chapter XIVAA of the Kerala Education Rules. It is contended that the no-objection certificate granted by the State Government for the purpose of affiliation to private unaided schools from the CBSE amounts to a recognition granted to the school under the Kerala Education Act and Rules and that every private school would therefore be a recognised school under the definition clause of the Act. The provisions of the K.E.R would therefore be applicable to such schools and a writ petition under Art. 226 of the Constitution would be maintainable in this Court as against the Managers of such schools by whatever designation they are known, to enforce the statutory duties and responsibilities. Moreover, it is contended that with the enactment of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as 'the Right to Education Act'), recognition of private educational institutions have become mandatory and the provisions of the K.E.R are statutorily made applicable to all private schools which are subject to the provisions of the said Act.