The legal dispute over the demand to regularise the appointment of around 80 lecturers on deputation to the District Institutes of Education and Training (DIET) across Kerala is expected to continue in the coming days.
While the lecturers have staked a claim to be appointed on a regular basis in the Kerala Administrative Tribunal (KAT), a section of job aspirants challenged this in the KAT and the Kerala High Court. The General Education department, in an order issued on January 5, has dismissed the lecturers’ claim and directed that they return to their parent schools. Earlier on November 18, 2023, the Director, General Education, had issued a similar order. However, the lecturers demanded that the government fully hear their version and managed to get a stay from the KAT. After this, the government heard the arguments of the lecturers and those who challenged their claim. The latest order was issued after these consultations.
Background
DIETs offer a two-year diploma course in elementary education (D.El.Ed) to train teachers for jobs in lower primary and upper primary schools, apart from overseeing the planning, research and implementation of educational programmes in the State. A total of 143 teachers working in government primary schools, high schools, and higher secondary schools were deputed to the DIETs in 2018. They were chosen after inviting applications and following due process. Of them, around 80 remain in service now, with the rest either getting promoted to other posts or joining other sections or institutions.
The appointment was under Rule 144 of Part 1, Kerala Service Rules, for a year or till regular appointments were made as per Special Rules. In 2020, the order of appointment was made under Rule 9(B) of the Kerala State and Subordinate Service Rules (KSSR). Similar appointments had earlier been made under Rule 9 a(i) of the KSSR during various periods, as regular recruitments were yet to be made.
In 2011, the government had issued Special Rules for appointing teachers to DIETs. Some appointments were made thereafter. After some lapses were noticed, these rules were modified in 2021. Later, invoking Rule 9(1) of the Special Rules, the government regularised the services of 75 lecturers, 70 senior lecturers, and seven Principals who were earlier appointed on a temporary basis. The lecturers appointed in 2018 subsequently approached the KAT demanding that their services be regularised too. Though the KAT directed the government to consider the demand, this was challenged in the Kerala High Court by people who had applied for regular appointment to the lecturers’ posts. It was also alleged that attempts were being made to appoint activists of a pro-Left teachers’ union, bypassing reservation norms.
The court issued an interim order in October 2023 asking the authorities not to proceed with the regularisation of services of lecturers’ on deputation. With the lecturers on deputation planning to challenge the latest order, the legal tangle over the appointment is likely to persist.
