Source:- thehindu.com<\/p>\n\n\n\n
A section of qualified primary school teachers has accused the State \ngovernment of trying to bypass a recent High Court (HC) order that made \ndepartment-level tests mandatory for promotion as head teachers.<\/p>\n\n\n\n
K.N. Anand, president of the Kerala Test Qualified Primary Teachers\u2019 Union, told The Hindu<\/em> on Sunday that efforts were on to retain unqualified head teachers. <\/p>\n\n\n\n The government had also approached the Centre seeking relaxation of the test qualification specified in rule 18(1) of the Kerala Right of Children to Free and Compulsory Education Rules, 2011, he alleged. The Right to Education Act stipulates that a teacher should have at least 12 years of experience and pass department-level tests along with an examination on the Kerala Education Act and Rules (KEAR). <\/p>\n\n\n\n The Act also gave three years for head teacher aspirants to pass the \nmandatory Account (lower) test, conducted by the Kerala Public Service \nCommission, and a KEAR test. The Section 23 (2) of the Act allows \nrelaxation of minimum qualification requirement for a period not \nexceeding five years if people with required qualification are not \navailable in sufficient numbers. <\/p>\n\n\n\n A\n section of teachers had alleged that though the time limit was over, \nthis was being extended forever, reportedly under pressure from \ninfluential teachers\u2019 organisations affiliated to various political \nparties. The Kerala government in 2018 February issued an order making \ntest qualification mandatory for promotion of teachers as head teachers.<\/p>\n\n\n\n However,\n the sub-rule (4) under 45 B in the KEAR contradicted that order as it \npermanently exempted a teacher aged 50 from passing the Account (lower) \ntest, the teachers had alleged. <\/p>\n\n\n\n Later,\n the Kerala Administrative Tribunal on February 25, 2019, put an end to \nthe indefinite exemption, saying any executive order or circular from \nthe government should not go against statutory rules. <\/p>\n\n\n\n The High \nCourt, in its order on January 27, said that only persons who were test \nqualified \u201ccan be considered for promotion and be included for \nselection\u201d.<\/p>\n\n\n\n The court also said that it \u201ccannot agree with the \ntribunal\u2019s order that there could be no exclusion of persons above 50 \nyears of age who have no test qualification\u201d . It pointed out that the \ntribunal had already held that granting exemption to teachers above 50 \nyears from test qualifications \u201ccannot be sustained in the teeth of Rule\n 18(1)\u201d. <\/p>\n\n\n\n The unqualified senior \nteachers would be entitled to appear for the test and acquire the test \nqualifications within three years. <\/p>\n\n\n\n On acquiring such \nqualification if any junior had been promoted earlier, within the \nthree-year period, the senior who qualified within that period would be \nentitled to seek promotion as head teacher on the basis only of his\/her \nsubsequent qualification within the three-year period. In that \ncircumstance the junior had to be reverted and the senior promoted as \nhead teacher.<\/p>\nRelaxation sought<\/h2>\n\n\n\n
Indefinite exemption<\/h2>\n\n\n\n
Unqualified teachers<\/h2>\n\n\n\n