A Division Bench of the Kerala High Court on Thursday held that education officers under the Kerala Education Act and Kerala Education Rules have no disciplinary control over teachers working in schools affiliated to the Central Board of Secondary Education (CBSE).
The Bench made the ruling while answering a question, referred to it by a single judge, on the disciplinary powers of State education officers over the teachers of CBSE-affiliated schools.
The court said that a school affiliated to the CBSE neither got any aid from the State government nor did it require any recognition from the State for it to be termed as 'private' or 'recognised'.
Only a No Objection Certificate (NOC) was required to be issued by the State to affiliate such a school to the CBSE as per the executive orders issued by the State. Besides, Chapter XIV(AA) of the Kerala Education Rules dealing with conditions of service of teaching and non-teaching staff of 'recognised unaided' schools obviously did not take in the schools affiliated to the CBSE.
The court made it clear that the State educational officers had no disciplinary control, particularly in matters of suspension, over the teachers in the school affiliated to the CBSE.