Thiruvananthapuram, The Kerala government on Wednesday announced a major decision to regularise nearly 20,000 teachers working in aided schools, subject to the final outcome of pending cases before the Supreme Court.
Addressing a press conference here, General Education Minister V Sivankutty said the move was aimed at resolving long-pending legal complexities related to the implementation of reservation for differently-abled persons and approval of teacher appointments in the state’s aided schools.
The significant announcement came weeks after he had said in the state assembly that the LDF government was doing everything legally possible to ensure that the recent apex court order regarding general category teacher appointments in NSS schools is made applicable to all aided school managements.
The Left government’s present decision assumed political significance in poll-bound Kerala as the issue recently triggered protests by various aided school managements, including Christian organisations, which accused the government of blocking general category appointments under the pretext of implementing court directives.
Sivankutty said the issue pertains to the implementation of four per cent reservation for persons with disabilities in aided schools, as mandated under the Rights of Persons with Disabilities Act, 2017. Earlier, a three per cent reservation had been provided under the 1996 law.
Sivankutty said delays in implementing the quota in aided schools had led to legal disputes.
A High Court single bench had ordered retrospective implementation of the reservation from 1996, which, the government argued, would adversely affect thousands of existing teachers. The state had subsequently filed an appeal, he said.
Following a division bench verdict, teachers appointed after 2021 were reportedly reduced to daily-wage status, he said.
However, in a case filed by the Nair Service Society , a prominent community outfit, the Supreme Court permitted approval of general category appointments, excluding posts reserved for differently-abled candidates.
The minister said the state had filed an affidavit before the apex court seeking extension of the benefit granted to NSS schools to other similarly placed aided school managements. However, the case had been postponed to April, he said.
Based on fresh legal advice from senior counsel appearing for the state, the government has decided to issue orders to regularise teachers working under other managements as well, subject to the final outcome of Special Leave Petitions pending before the Supreme Court, he said.
However, regularisation of 442 teachers who have individually approached the apex court challenging the state’s earlier regularisation proposal will remain on hold until a final verdict is delivered, he said, adding that proceeding without the court’s approval could amount to contempt.
“The benefit of this decision will extend to around 20,000 teachers in aided schools across the state. They will be granted all service benefits from the date of their appointment,” Sivankutty said.
He also instructed the respective authorities to complete the approval proposals within two weeks.
Following the favourable Supreme Court order secured by the NSS, other managements had demanded similar relief. The apex court had earlier directed the state to complete appointments to posts reserved for differently-abled candidates in a time-bound manner.
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