Kerala Church Leaders Challenge Order on Temporary Staff Appointments in Aided Schools

The controversy centers on a June 27 order issued by the Director of General Education, directing aided schools across the southern Indian state to make temporary appointments only from candidate lists supplied by employment exchanges. Aided schools are privately managed institutions that receive government funding and play a significant role in Kerala’s education system.

Christian leaders contend that while the government has the authority to regulate educational standards and prescribe qualifications for staff, it does not have the constitutional power to determine who schools may appoint.

“This is absolutely unacceptable because it violates our constitutionally guaranteed right to establish and administer educational institutions,” Joseph Jude, vice president of the Kerala Regional Latin Catholic Council, told UCA News on July 24.

Jude said Church leaders became aware of the directive only recently and appealed to the government to revoke it without delay.

“We appeal to the government to immediately withdraw the order,” he said.

According to Jude, the education department’s role is to ensure that aided schools employ personnel who meet government-prescribed qualifications. However, he argued that the department cannot interfere in the selection process itself by restricting institutions to candidates sourced exclusively through employment exchanges.

“The role of the education department is to ensure that aided schools appoint qualified staff in accordance with qualifications prescribed by the government,” he said.

Opposition to the order has also come from the Public Affairs Commission of the Syro-Malabar Church, one of the largest Eastern Catholic Churches in communion with Rome. In a statement issued on July 23, the commission described the directive as unconstitutional and urged state authorities to withdraw it immediately.

The commission emphasized the historical contribution of aided educational institutions, including those operated by Christian minority communities, to Kerala’s educational progress and broader social development. It noted that such institutions have long shared responsibility with the government in providing quality education across the state.

Church representatives argue that the requirement to recruit temporary and daily-wage employees through employment exchanges undermines the constitutional protections granted to minority institutions. They maintain that the right to choose qualified staff is a fundamental component of the right to establish and administer educational institutions.

To support their position, Church leaders have pointed to a July 1 ruling by the Delhi High Court involving St. Anthony’s Boys Secondary School. In that judgment, the court reaffirmed the right of minority-aided schools to appoint qualified teaching and non-teaching personnel without government interference.

The court held that education authorities may prescribe educational qualifications and experience requirements for staff positions, but they cannot impose additional restrictions on the appointment process. The ruling stated that the authority to select and appoint staff is an essential element of the constitutional right enjoyed by minority educational institutions.

According to the judgment cited by Church leaders, once candidates meet state-mandated qualifications, the government has no authority to object to their appointment on other grounds.

The dispute has implications for a substantial portion of Kerala’s education sector. Church figures show that Christians manage 2,596 aided schools, accounting for approximately 36 percent of the state’s total aided institutions. Hindu organizations manage 2,957 schools, while Muslim organizations oversee 1,384.

The order therefore affects a broad network of schools operated by different religious communities that receive government assistance while retaining private management structures.

Church leaders expressed hope that the state government would reconsider and withdraw what they described as an arbitrary directive. However, they also signaled a willingness to pursue legal action if necessary.

They warned that, should the government refuse to reverse the order, they would seek legal remedies to safeguard what they consider constitutionally protected rights.

UCA News contacted Kerala’s education department for comment on the matter, but no response had been received by the time of publication.

The debate emerges in a state where religious minorities have historically played a prominent role in education. According to India’s 2011 census, Christians account for approximately 18 percent of Kerala’s population of 33 million people. Hindus make up about 54 percent of the population, while Muslims represent roughly 26 percent.

As tensions over the directive continue, the outcome could have significant implications for the balance between government oversight of publicly funded educational institutions and the autonomy granted to minority-run schools under India’s constitutional framework.

• Raju Hasmukh with files from Uca News