[WP(C) Nos.34092/2019, 111/2021, 331/2021, 2403/2024,
1957/2021, 2791/2023, 3505/2023, 5166/2020, 9234/2021,
10721/2021, 12485/2019, 11520/2021, 11600/2021, 19343/2023,
18186/2021, 18952/2019, 19169/2021, 20471/2019, 22639/2019,
27332/2022, 22908/2019, 29900/2023, 26910/2019, 28551/2020,
27698/2019, 29490/2019, 2398/2021, 39881/2022, 39975/2022,
41836/2022]
These writ petitions pertain to the appointment of Head-
teachers in the Upper Primary/Lower Primary Schools with
specific reference to Rule 18(1) of the Kerala Right of Children to
Free and Compulsory Education Rules, 2011.
2. The conditions of service of aided school teachers were
prescribed under Chapter XIVA of the Kerala Education Rules,
1959 (hereinafter referred to as the ‘KER’). Rule 45B provided
for the obligatory qualifications for teachers seeking promotion
as Headmasters of LP/UP Schools. Sub-rule (1) thereto provided
that an Account Test (Lower) conducted by the Kerala Public
and con. cases 2025:KER:16003
Service Commission shall be an obligatory qualification. Sub-rule
(2) provided exemption from the requirement for the
qualification under sub-rule (1) as against those who were
holding the post of Headmaster in the LP/UP Schools as on the
date of introduction of Rule 45B and sub-rule (3) extended a
temporary exemption to those teachers awaiting promotion as
Headmasters from the requirement of sub-rule (1) till
31.03.1988. At the same time, sub-rule (4) extended a complete
exemption from the rigor of sub-rule (1) for those teachers who
have attained the age of 50 years.
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