K. KRISHNANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Government of Kerala issued GO. (MS) No. 162/98 / G.Edn. dated 13-5-1998, an order regarding opening of Higher Secondary Schools for the year 1998-99. In the said Government Order, a method is prescribed for appointment of higher secondary school teachers in Government Higher Secondary Schools and Aided Higher Secondary Schools. It is provided that 25% of the vacancies will be reserved for appointment from qualified High School Assistants and Primary School teachers and the remaining 75% of posts in Government schools will be filled up by direct recruitment through Public Service Commission. Appointment to the 75% vacancies earmarked for direct recruitment in the Aided Higher Secondary Schools will be done by the management. If qualified teachers are not available for appointment as mentioned above, the management will fill up such vacancies also by direct recruitment. Selection of candidates for direct recruitment in Aided Higher Secondary Schools will be done by a Staff Selection Committee consisting of the Manager or his representative, the Principal of the School and the government nominee from a panel of officers consisting of the Deputy Director of Education, the District Educational Officer of the area and the DIET Principal of the district. The management can select the nominee from among the officers. The above officers are permitted to attend the Staff Selection Committee meeting without further sanction. It is useful to reproduce the above Government Order:

(2.) The aforesaid Government Order has stirred hornet's nest of litigative venture by unemployed persons aspiring for job, teachers and management trying to assert their exclusive rights and privileges. For the sake of convenience, the different Original Petitions can be classified into 12 categories. They are:

(3.) All the above Original Petitions came up before K. A. Abdul Gafoor, J. who, by his order dated 28-7-1998, referred the matter to a Division Bench for an authoritative pronouncement since the learned Judge has felt that the question referred has for fetching effect not only on the prospects of teachers as respectively contended by them, but also on the entire educational system in Kerala and on the fate of several thousands of students now admitted or aspiring for admission to the Higher Secondary course and also on the rights of the management. In addition, the managements of the various institutions also have put forward certain rights challenging the right of the Government to implement policy decisions taken by them. Accordingly, the matters were placed before us as per the directions of the Honourable the Chief Justice.