Kerala Government allows temporary promotion of unqualified teachers ‘in public interest’ as several schools remain headless

The Government is reported to have issued the order to avoid a possible administrative logjam because of shortage of head teachers as classes resume on November 1

The Education Department has given the go-ahead for temporary promotion of unqualified persons as head teachers in government lower primary schools and upper primary schools in the State “in public interest” ahead of resumption of classes on November 1.

This is against the backdrop of around 2,000 such schools remaining headless following a court stay on promotions in a case filed by teachers who passed the mandatory department-level tests to qualify for the post. The Kerala Administrative Tribunal too had ruled against regular promotions until disposal of the case or lifting of the interim stay. At least 12 years of teaching experience and clearing of department-level tests and an exam on the Kerala Education Act and Rules are mandatory as per the Right to Education Act to become a head teacher.

Avoiding logjam

The government is reported to have issued the order to avoid a possible administrative logjam because of the shortage as classes begin next month.

The order issued on October 21 cites Rule 31(a)(i) of the Kerala State &Subordinate Service Rules to enable the appointing authority to promote an unqualified person on a temporary basis based on seniority if there is a delay in the normal promotion process.

The order by A.P.M. Mohammed Hanish, Principal Secretary, directed the Director of General Education to report the anticipated promotion vacancies to the Kerala Public Service Commission (KPSC) by November 30.

Earlier, the Government had allowed aided and government schools to appoint teachers on daily wage basis in vacancies that are more than 30 days old.

Functionaries of a union representing test-qualified teachers, however, said that another clause in the same rule says that no person who does not possess the qualification prescribed for the service shall ordinarily be promoted.

The clause also said that those who are unqualified and promoted should be replaced with qualified persons. They are now planning to legally challenge the order.

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