Kerala High Court to Scrutinize Constitutionality of Aadhaar-Only Mandate in School Staff Fixation
The Kerala High Court in Kochi has taken up a significant case that questions the constitutional validity of a specific provision within the Kerala Education Rules. The court is set to examine Rule 12(1) of Chapter XXIII, which currently restricts the use of identification documents for students to only the UID Aadhaar when determining staff fixation in schools across the state.
Case Adjourned for Detailed Hearing on Constitutional Grounds
A bench presided over by Justice Bechu Kurian Thomas has decided to adjourn the matter to February 10 to allow for a comprehensive and detailed hearing. This decision comes as the court recognized the gravity of the constitutional challenge raised against the rule, emphasizing that such issues require thorough legal scrutiny.
Petition Filed by School Manager Highlights Practical Challenges
The case originated from a petition filed by the manager of SNV UP School located in Moolamkudam, Chalakudy, within the Thrissur district. The petitioner contested the staff fixation process at his school, arguing that it unjustly excluded four students whose UID Aadhaar cards were not available at the time of the initial assessment.
In his submission, the manager explained that after subsequently obtaining the Aadhaar cards for these students, he presented them and lodged an appeal against the staff fixation order. However, this appeal was dismissed, and a subsequent review petition has been languishing before the competent authority without resolution. This prolonged delay and lack of action prompted the school manager to seek intervention from the High Court.
Court's Interim Directions and Broader Implications
While the constitutional validity of the rule is under examination, the High Court has also addressed an interlocutory application filed by the school manager. In this application, the manager sought immediate redressal for his grievances related to the staff fixation issue.
The court responded by directing the General Education Department Secretary to make a decision on the pending review petition within a strict timeframe of two months. This directive stands regardless of the ongoing writ petition before the High Court, ensuring that administrative processes continue without undue delay.
This case highlights critical questions about:
- The exclusivity of Aadhaar as a mandatory identification tool in educational settings.
- The potential constitutional infringements when alternative documents are disregarded.
- The practical challenges faced by school administrators in complying with rigid bureaucratic rules.
- The balance between technological integration and equitable access to education services.
As the hearing approaches, stakeholders in the education sector, legal experts, and civil society will be closely monitoring the proceedings. The outcome could have far-reaching implications for how student identification is handled in staff fixation processes not only in Kerala but potentially across India, setting a precedent for similar cases nationwide.
