Teachers not being appointed on merit? Kerala High Court asks Director General of Education to respond

The Kerala High Court recently raised concerns regarding the manner in which teachers are appointed to government aided schools in the State. [Sowmya MV & Ors. v. State of Kerala]..While considering a petition moved by a group of teachers related to the appointment process, Justice DK Singh observed that the management of government schools seems to have absolute discretion when it comes to the appointment of teachers. The Court opined that this makes it possible for teachers to be appointed by the management for considerations other than merit. "As of today, it appears that the Manager has absolute discretion to appoint anybody who is qualified as a teacher at the school without following any selection process or advertising the posts," the Court noted. .Pertinently, the Court observed that, prima facie, there seems to be a nexus between school managements and the authorities of the Education department."Prima facie, it appears that there is a big nexus between the Managements and the Educational Authorities for giving appointments to the teachers in the schools, which are not on merit but for considerations other than merit," the Court said. The Court, therefore, directed the Director General of Education to file a personal affidavit stating what steps can be taken to ensure a fair selection process, failing which the Director General must be personally present in Court at the next hearing."It may also be stated that for making the selection of the teachers in Government Aided Schools, what is the nature of the Selection Committee constituted, whether the Manager has absolute power to constitute the Selection Committee, or if the Government has any say in the Selection Committee," the Court added. The Principal Secretary of General Education was also directed to file an affidavit on these issues. .The matter will be taken up next on Friday, June 20. .The petitioner-teachers are being represented by advocate Vincent Raphael. .[Read Order]