KERALA EDUCATION RULES



KERALA EDUCATION RULES

കേരള വിദ്യാഭ്യാസ ചട്ടങ്ങളും  മേൽ ചട്ടങ്ങളിൽ   2005  നു ശേഷം  നടത്തിയ  പ്രധാനപ്പെട്ട  ഭേദഗതികളുടെ  വിവരങ്ങളും   താഴെ ചേർത്തിട്ടുണ്ട്  .കെ .ഇ.ആർ. അദ്ധ്യായം 21  സർക്കാർ ഉത്തരവ്  GO(P)94/72/S.EDN DT:04/07/1972 പ്രകാരം ഒഴിവാക്കുകയും  തുടർന്നു GO(P)154/2014/GEDN DT:11/08/2014 പ്രകാരം പുതിയ ചട്ടങ്ങൾ ചേർത്ത്  ഉൾപ്പെടുതുകയുമാണുണ്ടായത്.മേൽ അദ്ധ്യായത്തിലെ  1  മുതൽ  6  വരെയുള്ള  ചട്ടങ്ങൾ  ബഹു ഹൈ കോടതി  WP (C )19008 / 2013   ൻ  മേൽ 17/12/2015 തീയതിയിൽ പുറപ്പെടുവിച്ച  വിധി ന്യായത്തിൽ റദ്ദ് ചെയ്തു .ചട്ടം  7  മാത്രം നിലനിർത്തി. ചട്ടം  7  പിന്നീട്  G.O.(P) No. 199/2016/G. Edn. Dated 03/12/2016 , G.O.(P) No. 03 / 2019 /G. Edn. Dated 28/02/2019 പ്രകാരം   29 / 01 / 2016  പ്രാബല്യത്തിൽ ഭേദഗതി വരുത്തുകയുണ്ടായി 

Kerala Education Act & Rules

THE KERALA EDUCATION ACT, 1958 and THE KERALA EDUCATION RULES, 1959
Fourth Edition

(Embodying corrections upto 31st December 2010)

*
Preface
*
The Kerala Education Act












I
Preliminary
II
Classification of Schools
III
Management of Private Schools
IV
Establishment & maintenance of schools
V
Opening and Recognition of schools
VI
Admission, transfer and removal of pupils
VII
Attendance, Holidays and vacation
VIII
Organisation of instruction and progress of pupils
IX
Discipline
X
Properties of Aided Schools
XI
Conduct of Enquiries Regarding Arrears of Salary
XII
Levy and Collection of fees in Schools
XIII
General Rules Relating to the conduct of teachers
XIV-A
Conditions of Service of Aided School Teachers
XIV-AA
Conditions of service of Teaching and Non teaching staff of Recognized unaided Schools
XIV-B
Conduct Rules
XIV-C
Conduct Rules
XV
Inspection of Schools
XVI
Education Advisory Board
XVIIElection of members to the Local Educational Authorities
XVIIIRules for the working of the Local Educational Authorities
XIX
Constitution and Functioning of the Local Education Committees
XX
Taking over of schools or acquisition of schoolsschools
XXI
Recruitment of Teacher to Aided Schools
XXII
Transitional Provision
XXIII
Fixation of strength of Teachers in Departmental and Aided Schools
XXIV-A
Non- teaching staff of Aided Schools
XXIV-B
Do.
XXV
Admission to Teachers Training Schools
XXVI
Scales of pay of Aided School Teachers
XXVII-A
Pension, Provident Fund and Insurance for Aided School Teachers
XXVII-B
Do.
XXVIII
Payment of maintenance grant to Aided schools
XXIX
Provident Fund for Aided School Teachers
XXX
Kerala Aided School Employees’ Provident Fund
XXXI
Qualifications of Private School Teachers
XXXIIMethod of appointment and qualification of Teachers and Non Teaching staff in aided Higher Secondary Schools
*FORMS
*
INDEX


കേരള വിദ്യാഭ്യാസ ചട്ടങ്ങളിൽ  2005  നു ശേഷം  നടത്തിയ  പ്രധാനപ്പെട്ട  ഭേദഗതികൾ താഴെ ചേർക്കുന്നു .


1.RULE 6(a) CHAPTER XIVA
Amended the KER vide its notification dated G.O.(P) No. 308/2013/G. Edn. Dated 27/11/2013 


Amendment of the rules:- In the Kerala Education Rules, 1950, in chapter XIV, in sub rule
(a) of rule 6, after the opening sentence “The teachers appointed under rule 3 shall be on probation for a total period of one year on duty within a continuous period of two years”, the
following sentence shall be inserted namely:-
Such teachers shall, within the period of probation, pass short term computer course having a duration of not less than 45 hours approved by the Government if they have not already
acquired such or higher qualification".

They shall be deemed to have come into force on the 22nd day of March 2011


Explanatory Note:
(Government vide G.O. (Ms) No. 89/11/GEdn. Dated 22nd March 2011 inter alia made it
compulsory for the teachers to acquire computer qualification for declaring probation.
Government have now decided to amend Kerala Education Rules to bring necessary provision
in this regard therein.
The notification is intended to achieve the above object.)


2.RULE 7A(3) CHAPTER XIVA 

Unamended sub-rule (3) of Rule 7A reads as follows:

'Vacancies the duration of which is two months or less shall not be filled up any appointment'

Amended the KER vide its notification dated G.O.(P) No. 121/2005/G. Edn. Dated 16.04.2005 published in Gazette dated:27/04/2005



Existing Amended sub-rule (3) of Rule 7A reads as follows:

'Vacancies the duration of which is less than one academic year shall not be filled up.'


The explanatory note to the above-mentioned Rules reads as follows:

"
Under the existing sub-rule (3) of Rule 7A Chapter XIV A, General Education Rules vacancies the duration of which is two months or less shall not be filled up by any appointment. Managements of aided schools are appointing teachers in short leave vacancies the duration of which is more than two months and it results in huge financial commitment to Government. After detailed examination of the matter Government inter alia issued order as per G.O.(P) 169/2004/G. Edn dated 15.06.2004 to the effect that claim for appointment under rule 51A of the Kerala Education Rule be limited to those who have been appointed against regular/leave vacancies having a duration of not less than one academic year. The Government has now decided to give statutory validity to the above Government order.

The notification is intended to achieve the above object."




3.RULE 51A  CHAPTER XIVA 

16/04/2005നു മുൻപുള്ള  ചട്ടം 51 A താഴെ ചേർക്കുന്നു 

"51A. Qualified teachers who are relieved as per Rule 49 or 52 or on account of termination of vacancies shall have preference for appointment to future vacancies in schools under the same educational Agency or an Educational Agency to which the school may be subsequently transferred provided they have not been appointed in permanent vacancies in schools under any other Educational Agency.

Note 1. If there are more than one claimant under this rule the order of preference shall be according to the date of first appointment. If the date of first appointments is the same then preference shall be decided with reference to age, the older being given first preference. In making such appointments, due regard should be given to the requirement of subjects and to the instructions issued by the Director under sub-rule (4) of rule 1 as far as High Schools are concerned.

Note 2. Manager should issue an order of appointment to the teacher by Registered post acknowledgement due and give a period of 14(fourteen) clear days to the teacher to join duty. If the teacher does not join duty in time the Manager should give a further notice to the teacher stating that another person would be appointed instead and that the preferential right under this rule would be forfeited if not exercised within another 7 (seven) clear days. If nothing is heard during that time also, the preferential right underthe rule will be regarded as forfeited. 



After the amendment made in the year 2005 as per GO(P)121/2005/GEDN DT:16/04/2005 published in gazette dt:27/04/2005,the following provision inserted to RULE 51A

"Provided that a teacher who was relieved under rule 49 or rule 52 shall not be entitled to preference for appointment under this rule unless such teacher has a minimum continuous service of one academic year as on the date of relief.

Provided further that the first preference under this rule shall be given to protected teachers"


After the amendment made in the year 2005 as per GO(P)187/2005/GEDN DT:17/06/2005 published in gazette dt:25/06/2005,the provision stands as given below:( ചുവന്ന  നിറത്തിൽ രേഖപെടുത്തിയിരിക്കുന്നതാണ് ഭേദഗതി വരുത്തിയ ഭാഗം  ).മേൽ നോട്ടിഫിക്കേഷൻ  പ്രകാരം  ചട്ടം 43  യിലും ഭേദഗതി വരുത്തിയിട്ടുണ്ട് 

"51A. Qualified teachers who are relieved as per Rule 49 or 52 or on account of termination of vacancies shall have preference for appointment to future vacancies in the same or higher or lower category of teaching posts, for which he is qualified that may arise in schools under the same educational Agency or an Educational Agency to which the school may be subsequently transferred provided they have not been appointed in permanent vacancies in schools under any other Educational Agency.

Provided that a teacher who was relieved under rule 49 or rule 52 shall not be entitled to preference for appointment under this rule unless such teacher has a minimum continuous service of one academic year as on the date of relief.

Provided further that the first preference under this rule shall be given to protected teachers

Note 1. If there are more than one claimant under this rule the order of preference shall be according to the date of first appointment. If the date of first appointments is the same then preference shall be decided with reference to age, the older being given first preference. In making such appointments, due regard should be given to the requirement of subjects and to the instructions issued by the Director under sub-rule (4) of rule 1 as far as High Schools are concerned.

Note 1A: Fresh appointments to vacancies arising in the same or higher or lower category of teaching posts under the Educational Agency shall be made only after providing re-appointment to such teachers thrown out from service and protected teachers available under the Educational Agency.

Explanation: For the purpose of this clause,"Protected teacher" means a teacher who has been retrenched for want of vacancy after putting such length of regular service that may be specified by the Government or who is eligible for such Protection as per G.O.(Ms)No.104/69/Edn. Dated 6-3-1969 or G.O.(Ms)No.231/84/G.Edn. Dated 27.10.1984 or any other orders issued by Government from time to time.

Note 2. Manager should issue an order of appointment to the teacher by Registered post acknowledgement due and give a period of 14(fourteen) clear days to the teacher to join duty. If the teacher does not join duty in time the Manager should give a further notice to the teacher stating that another person would be appointed instead and that the preferential right under this rule would be forfeited if not exercised within another 7 (seven) clear days. If nothing is heard during that time also, the preferential right under the rule will be regarded as forfeited. "

(Subsequently, another amendment was also brought about vide G.O.(P) No.192/2012 dated 16.06.2012, whereby some modification with regard to priority of Rule 43 claimants over the Rule 51A claimants was also stipulated as shown below

"

Qualified teachers who are relieved as per Rule 49 or 52 on account of termination of vacancies shall have preference for appointment to future vacancies in the same or higher or lower category of teaching posts, for which he is qualified that may arise if there is no claimant under Rule 43 in the lower category in schools under the same Educational Agency or an Educational Agency to which the school may be subsequently transferred provided they have not been appointed in permanent vacancies in schools under any other educational agency.

(Inserted vide amendment dated 25.06.2005) Provided that a teacher who was relieved under Rule 49 or Rule 52 shall not be entitled to preference for appointment under this rule unless such teacher has a minimum continuous service of one academic year as on the date of relief:

(Inserted vide amendment dated 27.04.2005) Provided further that the first preference under this rule shall be given to protected teachers belonging to the same Educational Agency.

Note 1. If there are more than one claimant under this rule the order of preference shall be according to the date of first appointment. If the date of first appointments is the same then preference shall be decided with reference to age, the older being given first preference. In making such appointments, due regard should be given to the requirement of subjects and to the instructions issued by the Director under sub-rule (4) of rule 1 as far as High Schools are concerned.

Note 1A: Fresh appointments to vacancies arising in the same or higher or lower category of teaching posts under the Educational Agency shall be made only after providing re-appointment to such teachers thrown out from service and protected teachers available under the Educational Agency.

Explanation:- For the purpose of this clause, “Protected Teacher” means a teacher who has been retrenched for want of vacancy after putting such length of regular service that may be specified by the Government or who is eligible for such Protection as per GO (Ms) No. 104/69/Edn. dated 06.03.1969 or GO (Ms) No. 231/84/Edn. dated 27.10.1984 or any other orders issued by Government from time to time.

Note 2: Manager should issue an order of appointment to the teacher by Registered post acknowledgment due and give a period of 14 (fourteen) clear days to the teacher to join duty. If the teacher does not join duty in time the Manager should give a further notice to the teacher stating that another person would be appointed instead and that the preferential right under this rule would be forfeited if not exercised within another 7 (seven) clear days. If nothing is heard during that time also, the preferential right under the rule will be regarded as forfeited.


3.RULE 43  CHAPTER XIVA 

After the amendment made in the year 2005 as per GO(P)187/2005/GEDN DT:17/06/2005 published in gazette dt:25/06/2005,the Rule stands as given below.മേൽ നോട്ടിഫിക്കേഷൻ  പ്രകാരം  ചട്ടം 51A  യിലും ഭേദഗതി വരുത്തിയിട്ടുണ്ട് 

 In Rule 43

(i) for the words and figures "subject to rules 44 and 45" the words and figures Subject to rules 44, 45 and 51A" shall be substituted.

( II) after the existing proviso, the following provision shall be inserted, namely: "Provided further that where a Headmaster or a teacher who has been promoted under this rule faces retrenchment for want of vacancy he shall be reverted to the category of post from which he has been promoted provided he is not eligible for protection in the retrenched post as per the orders issued by the Government from time to time."


Subsequently, another amendment was also brought about vide G.O.(P) No.192/2012 dated 16.06.2012, whereby some modification with regard to priority of Rule 43 claimants over the Rule 51A claimants was also stipulated as shown below .മേൽ നോട്ടിഫിക്കേഷൻ  പ്രകാരം  ചട്ടം 51A  യിലും ഭേദഗതി വരുത്തിയിട്ടുണ്ട് .


(in Rule 43, for the words figures and letter "Subject to rules 44, 45 and 51 A" the words and figures "subject to rules 44 and 45", shall be substituted;


5. CHAPTER XXI KER  RULE 7

THIS CHAPTER CAME IN TO FORCE ON 01/07/1961 BUT OMITTED BY GO(P)94/72/S.EDN DT:04/07/1972 AND REINSERTED W.E.F 01/10/2011 AS PER GO(P)154/2014/GEDN DT:11/08/2014


  • KERALA EDUCATION RULE AMENDMENT:A NEW CHAPTER(XX1) INSERTED "Recruitment of teaching and non teaching staff in aided school":Ker Amendment..GO(P)154/2014/GEDN DT:11/08/14.

  • GO(P)154/2014/GEDN DT:11/08/2014 പ്രകാരം കൂടി ചേർത്ത അദ്ധ്യായം XX 1  താഴെ ചേർക്കുന്നു .

..........................................................................................................
                                        CHAPTER XX1

  • RECRUITMENT OF TEACHING AND NON-TEACHING STAFF IN AIDED SCHOOLS

    1. Candidates possessing the qualification prescribed by the Government from time to time shall be appointed by the Managers as teaching and non-teaching staff in aided schools against the vacancies as notified by the Government.

    2. Whenever regular vacancies occur including the anticipated vacancies as on the 31st May of the succeeding year in aided schools, the Manager and the Head Master concerned shall report such vacancies to the District Educational Officer/Assistant Educational Officer concerned with in a period of 7 days.

    3. The District Educational Officer/Assistant Educational Officer shall report the category wise vacancies to the Director.

    4. The Director, shall prepare the category wise, district wise vacancies as per the direction of the Government by notification on or before 30th April every year.


  • 5. On receipt of the application from the fully qualified candidates the Managers shall appoint them against the notified vacancies in their schools on the reopening day itself every year.

    6. On line approval shall be accorded after proper verification as per the rules and directions of the Government on or before 30th June every year.

    7. Appointments to vacancies occur due to exemption of Head Teacher from Class charges as per Rule 1 b(iii) & (iv) Chapter XXIII, leave vacancies and short term vacancies including vacancies of teachers deputed for training shall be filled up from among the list of fully qualified hands supplied from Teachers Bank. The Teachers Bank is a temporary arrangement for retaining excess teachers for suitable deployment to schools. The eligibility criteria of teachers for inclusion in Teachers Bank and the guidelines for their deployment shall be decided as per the orders issued by Government from time to time. Appointment from Teachers Bank shall have no claim for future appointment in schools other than their parent schools.

    • ..................................................................................

  • മേൽ അദ്ധ്യായത്തിലെ  1  മുതൽ  6  വരെയുള്ള  ചട്ടങ്ങൾ  ബഹു ഹൈ കോടതി  WP (C )19008 / 2013   ൻ  മേൽ 17/12/2015 തീയതിയിൽ പുറപ്പെടുവിച്ച  വിധി ന്യായത്തിൽ റദ്ദ് ചെയ്തു .ചട്ടം  7  മാത്രം നിലനിർത്തി .കോടതി വിധിയിലെ പ്രസക്ത ഭാഗം താഴെ ചേർക്കുന്നു .
.........................................................................................................
  • "The amendments made to the KER as per S.R.O.No.485/2014 [G.O.(P) No.154/2014/G.Edn. dated 11.08.2014] would have only prospective application. The amendment made by Rules 2(1), 2(2)(a), 2(2)(b) and 2(3) of the Amendment Rules of 2014 would stand set aside, as being arbitrary and unreasonable. Amendment Rule 2(4) introduces Chapter XXI to the KER in which Chapter, Rules 1 to 6 would stand set aside, again as being arbitrary and unreasonable. Rule 7 in Chapter XXI alone would be sustained. Amended rule 2(5)(a) and 2 (5)(b) would be sustained. Amended Rule 2(5)(c), being the substitution of Rule 12 of KER would also be sustained; but, however, finding the effective strength of pupils reckoned for the academic year 2010-11, made permanent; as being ultra vires the provisions of the KE Act and the other provisions of the KER, as also running counter to the provisions of the RTE Act. The procedure for staff fixation orders based on UID would stand sustained. Amended Rule 2(5)(2)(d) would be sustained, while clause (e) of the said Rule would stand set aside"

.................................        ..............................    ..............................    ..............................    ...................

(Amended the Rule 7,chapter XX1  KER vide its notification dated G.O.(P) No. 199/2016/G. Edn. Dated 03/12/2016 as follows)

"7. (1) The posts of Lower Primary School Assistant and Upper Primary School Assistant

sanctioned additionally as per item (iii) of clause (b) of rule 1 and item (iv) of rule 5 of Chapter XXIII, shall be filled up by the manager by appointing teachers from among the list of protected teachers maintained under the Teachers Bank, with the permission of the Deputy Director (Education) concerned.

(2) The additional posts, irrespective of category, on staff fixation shall be filled up by the manager by appointing teachers from among the list of protected teachers in the Teachers Bank, with the permission of the Deputy Director (Education concerned and by appointing teachers otherwise than from the Teachers Bank in the ratio 1:1 respectively.

(3) Subject to rules 43, 51A and 51B of Chapter XIV A, all vacancies in the schools opened/upgraded after 22nd May, 1979, except in the pre-upgraded sections, shall be filled up by the manager by appointing teachers from among the list of protected teachers in the Teachers Bank with the permission of the Deputy Director (Education) concerned. Pre-upgraded sections denote L.P./U.P.' sections of the new schools prevailed before upgrading the schools with U.P./H.S, sections.

(4) Subject to rules 43, SIA and 51B of Chapter XIV A, short term vacancies including leave vacancies and vacancies of teachers deputed for training, having duration of one academic year and above, shall also be filled up by the manager by appointing teachers from among the list of protected teachers in the Teachers Bank, with the permission of the Deputy Director (Education) concerned:

Provided that, if on the date of occurrence of the vacancy, a teacher in the same category is not available in the Teachers Bank of that revenue district, manager shall appoint teachers by resorting to Teachers Bank of other revenue districts.

(5) Notwithstanding anything contained in rules 43; 51A and 51B of Chapter XIV A, the posts of Lower Primary School Assistant and Upper Primary School Assistant sanctioned additionally as per item (iii) of clause (b) of rule 1 and item (iv) of rule 5 of Chapter XXII, the first post of every two additional posts, irrespective of its category, on staff fixation are solely earmarked for appointing protected teachers from the Teachers Bank.

(6) When a vacancy arises due to the relief of a protected teacher appointed under sub-rules (1) to (4), that vacancy shall be filled up only by appointing another protected teacher from the Teacher's Bank

(7) The protected teachers appointed in any school from the Teachers Bank shall have no preferential claim or right for appointment in future vacancies in any schools other than in their parent schools or in any schools under their parent educational agency.

(8) If a protected teacher in the same category is not available in the Teachers Bank of the revenue district in which the school is situated, as on the date of occurrence of vacancy, manager shall appoint a teacher from the Teachers Bank of any other revenue district where such protected teacher is available, with the permission of the Director. In case, same category of teacher is not available in theTeachers Bank of any revenue district, such vacancies except the · vacancies against the posts mentioned in sub-rules (1) and (2) above,

shall be filled up by the manager otherwise with the permission of the Director. The vacancies mentioned in sub-rules (1) and (2) above shall only be filled up as specified by Government from time to time.

(9) The Educational Agencies having more than one school, shall not transfer protected teachers appointed from the Teachers Bank, from one school to another or terminate their service, without the prior permission of the Deputy Director (Education) concerned.

(10) The rules regarding appointment/deployment applicable to protected teachers of aided schools shall mutatis mutandis apply to the protected non-teaching staff in aided schools.


Note 1:"Teachers Bank" wherever it occurs in these rules means the list of teachers retrenched due to divisjon fall from the schools of various Aided Educational Agencies and eligible for protection as per the orders issued by Government from time to time. It is a temporary arrangement for retaining the protected teachers for suitable appointment/deployment.

. Note 2: The enlistment of teachers eligible for protection under the Teachers Bank at revenue district level shall be done by the Deputy Director (Education), of the revenue district concerned. Managers shall appoint teachers from among the protected teachers enlisted under Teachers Bank, against the vacancies earmarked for them with the permission of the Deputy Director (Education) concerned.

Note 3: The managers of the minority, schools shall have the right to choose protected teachers of their choice from the Teachers Bank of any revenue district with the permission of the Director."

    • .......................................................................

Amended the Rule 7,chapter XX1  KER vide its notification dated G.O.(P) No. 03 / 2019 /G. Edn. Dated 28/02/2019  as follows)

......UPDATING ..............



6 . CHAPTER XXIV KER  RULE 7 & 7A

Amended the KER vide its notification dated G.O.(P) No. 198/2012/G. Edn. Dated 19/06/2012

Amendment of the Rules.-In the Kerala Education Rules, 1959, in Chapter XXIV B.- 

(1) in rule 7, the words "Probation, increment" shall be omitted;

 (11) after rule 7, the following rule shall be inserted, namely:- "7 A. The rulcs regarding declaration of probation, departmental test qualification and increment as applicable to non-teaching staffs in Government schools for the time being in force shall mutatis mutandis apply to non-teaching staffs in aided schools".


3 comments:

RAJAN said...

പ്രൈമറി HM ആയി പ്രമോഷൻ ലഭിച്ച HSA മാർക്ക് . സീനിയോറിറ്റി ലിസ്റ്റിൽ ഉള്ളവർക്ക്, ഹൈസ്കൂൾ HM പോസ്റ്റിലേക്ക് അർഹതയില്ല എന്ന ഉത്തരവ് ഉണ്ടോ?

Anonymous said...

Teachers kuttikalod cheyyam padillatha karyangal enthokeyan

Anonymous said...

Teacher nu students inte attendance idathirikan pattumo (students schoolil present ayitt)