KOCHI: The Kerala High Court on Thursday held the educational officers under the Kerala Education Act and Rules have no disciplinary control over the teachers working in schools affiliated to the Central Board of Secondary Education (CBSE). 

The court was considering two writ petitions, one filed by a CBSE school management challenging the order of the District Educational Officer directing the teachers, who were suspended, to be reinstated in service and another filed by three teachers seeking a directive to reinstate them in service.

The court made it clear the state educational officers have no disciplinary control, particularly in matters of suspension and penalty in disciplinary proceedings, over teachers in the school affiliated to CBSE. 

A school affiliated to CBSE neither gets any aid from the state government nor does 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 for permission to affiliate such schools to CBSE as per the executive orders issued by the state. Chapter XIV(AA) of the K.E.R. deals with conditions of service of teaching and non-teaching staff of ‘recognised unaided’ schools which obviously do not take in the schools affiliated to CBSE.