Summary:
A school affiliated to CBSE neither gets any aid from the state government nor does it require any recognition from the state government for it to be termed as private or recognized. The rule necessitating a domestic enquiry before terminating the services of a teaching and non-teaching staff does not therefore apply, the bench pointed out. Only a ‘No Objection Certificate’ is required to be issued by the state government for permission to affiliate the school to the CBSE.KER only deals with conditions of service of teaching and non-teaching staff of recognized unaided schools, which does not include CBSE schools. KOCHI: Educational authorities under the state government have no disciplinary control over CBSE school teachers, the high court has held.A division bench comprising justices V Chitambaresh and R Narayana Pisharadi delivered the verdict while considering a reference regarding the power of educational officers under the Kerala Education (KE) Act and its rules.The bench said in the judgment: “The educational officers under the KE Act and the Kerala Education Rules (KER) have no disciplinary control (particularly in matters of suspension and penalty in disciplinary proceedings) over teachers in the school affiliated to CBSE.”The educational officers have no jurisdiction to order reinstatement in service of teachers in CBSE schools and the school managements are not obligated to honour such directions, the court said..