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| No private tuition without previous sanction of Govt: HC to Edu Deptt | | |
EARLY TIMES REPORT
JAMMU, Mar 31: Justice Sanjeev Kumar of J&K High Court Jammu in a petition, directed the Education Department to implement Rule 10 of the Employees Conduct Rules in letter and spirit and ensure that no member of its teaching faculty engages in private tuition at private coaching/tuition centres without previous sanction of the government. The Zonal Education Officers at the zonal level and Chief Education Officers at the district level shall be the nodal officers, who will ensure the implementation of Rule 10 of the Employees Conduct Rules and the circular/instructions, if any, issued by the Government to give effect to Rule 10 of the Employees Conduct Rules.
This significant order has been passed in a petition filed by father of two children studying in 10th & 12 class feels aggrieved of circular bearing No.CEO/K/Monitoring/20/14887-967 dated 21.11.2020, whereby all the DDOs/Controlling Officers working in the District have been called upon to issue strict instructions to all Teaching officials (Lecturers/Masters/ Teachers) working under their control not to indulge in private practice of giving luxury education at private coaching institutions. The impugned circular is purported to have been issued under Section 28 of the Right of Children to Free and Compulsory Education Act, 2009, which has become applicable to the Union Territory of Jammu & Kashmir in terms of the Jammu & Kashmir Reorganization Act, 2019.
Justice Sanjeev Kumar after hearing both the sides observed that Rule 10 of the Employees Conduct Rules, it may be observed, has only remained on papers and has not been implemented by the Government in its letter and spirit so far. The attempts made by the Government on two earlier occasions have been aborted by the teaching faculty of the school education department by putting up so called parents of the students and engaging the State in litigation.
High Court observed that many a times, teachers skip their classes in the government schools so as to show up in the private coaching centres. Their engagement in activity of private coaching invariably slows down their performance in the Government schools. It is with a view to avoid such unsavory situation and to prevent the government employees from engaging in private occupations, which may directly or indirectly be in conflict with their official duties, the Employees Conduct Rules, have been framed.
With these observations, Justice Sanjeev Kuamr disposed of the petition with the observations that the impugned circular issued by the Chief Education Officer, Kishtwar is beyond the scope and ambit of the Act of 2009 particularly Section 28 thereof and therefore, cannot be applied to the Government Teaching faculty of higher secondary schools and colleges. The circular would have its applicability only to the government schools imparting elementary education i.e. schools up to 8th standard. The circular to the extent aforesaid is, thus, upheld.
Court directed the department of education (school as well as higher education) to implement Rule 10 of the Employees Conduct Rules in letter and spirit and ensure that no member of its teaching faculty engages in private tuition at private coaching/tuition centres without previous sanction of the government.
Court further directed the Government do well to create and provide toll free telephone number in each District where the complaint(s) against the banned activity of the teaching faculty could be made. The government may create a web portal/grievance cell for receiving and redressal of the complaint(s) made by the citizens against the banned activities of the teaching faculty of the Government.
Court hopes and trusts that the Government would adhere to Rule 10 of the Employees Conduct Rules and will adopt a proactive approach to eradicate the menace of government teaching faculty engaging in private tuitions at the cost of students studying in the government institutions. This would not only discipline the teaching faculty but would also help in raising the standard of education in government run educational institutions. (JNF) |
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