JavaScript must be enabled in order for you to use the Site in standard view. However, it seems JavaScript is either disabled or not supported by your browser. To use standard view, enable JavaScript by changing your browser options.

| Last Updated:10/03/2014

Latest News(Archive)

Latest News

'No law to entrust cleaning of girls toilets to women'

TNN, 11 February 2014


KOCHI: There is no legal provision to order that the cleaning of girls' toilets in schools should be entrusted to women employees, the Kerala high court has held.


The ruling by justice C T Ravikumar came while considering a petition filed by R K Sajna of Koothuparamba in Kannur. She had sought an order to the state government to give preference to women while appointing sweepers and fulltime contingent menial workers in schools in the state.


In the petition filed through advocate Kaleeswaram Raj, it was argued that girl students are put through extreme hardships and miseries due to unclean toilets. This is even after the Supreme Court and the high court had underlined the need of sufficient sanitation facilities in schools, the petition said. State government is not taking proper follow-up action despite court orders, it was alleged.


Due to dearth of female employees, girls' toilets in schools are not kept clean, the petitioner argued, relying on a news report that appeared in a Malayalam daily on September 12.


Kerala education rules, which govern the appointment of menial workers, does not take care of the requirement of female staff to clean girls' toilets, it was pointed out.


As there is a lacunae in the rules, government can interfere in the matter and issue executive orders. However, no such order is being issued by the government in spite of repeated representations, the petitioner contended.


Declining interference, the court held, "Admittedly, there is no specific provision under the relevant Act (Kerala Education Act of 1958) and also in the Kerala Education Rules and therefore, it can only be said that there is no justiciable claim for the petitioner."


Citing the Supreme Court's decision to the effect that no court can issue a mandate to a legislature to enact a particular law, the court held that the petitioner cannot seek for issuance of a court direction as a matter of right.