Big Nexus, Teachers Not Being Appointed On Merit: Kerala High Court Directs Streamlining Of Selection Process In Government Aided Schools

The Kerala High Court while remarking that there exists a "big nexus" between the Managements and the Educational Authorities for giving appointments to the teachers in the schools has directed for the streamlining of the selection process.

The Court was considering a Writ Petition seeking stay on levy of contributory pension in the NPS Scheme in salary from the salary of the Petitioners with immediate effect.

The Bench of Justice D.K. Singh observed, "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. Let the affidavit of the Director General of Education be placed on record within seven days to streamline a fair selection process of the teachers in Government Aided Schools, to stop the malpractice which is prevalent in making these appointments...."

Noting that 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 asked how the appointments came to be approved by the Educational Authorities when the due process of selection is not ensured.

"The Director General of Education will file his personal affidavit stating what steps are required to be taken for making a fair selection for the appointment of teachers in Government Aided Schools in the State," the Court stated.

It also sought an affidavit on the issue of the nature of the Selection Committee and the power of the Manager.

The Petition was accordingly posted for June 20th, 2025.

Cause Title: Sowmya vs. State of Kerala

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