New Delhi: The Supreme Court has observed that the lecturers and trained graduate teachers (TGT) being made to work without regularisation for years is complete ad hoc-ism in the working of the education system. The court found everyone liable to be blamed for this scenario because what was just an ad-hoc arrangement never fructified in the proper regularization, neither was any exam held for recruitment.
“The present dispute is a reflection of the mess in the education system where, starting from the primary level to the highest level, ad hoc-ism seems to prevail in the appointment of teachers and lecturers. This, in turn, is having consequences for the students who need to benefit from the best education process,” the court remarked.
Justices SK Kaul and KM Joseph issued collective directions while hearing several pleas, appeals and intervention applications from 659 persons, 547 of them being ad hoc teachers, including 84 lecturers and 463 TGT grade teachers. (Sanjay Singh & Ors Vs. State of Uttar Pradesh & Ors.)
The court made note of the additional affidavit filed by the state of Uttar Pradesh, whereby it proposes to hold a competitive examination for recruitment of 15,000 TGTs and lecturers. The counsel for the appellants and applicants expressed his concern that there may be persons who may have rendered long periods of service as ad hoc teachers and if they participate in the examination and are even successful, they may not get the benefit of past service, especially of retirement benefits, because some of them may be nearer the age of retirement than the fresh candidates.
The court considered the proposal by the UP government and counsel’s concerns and after debating the issue whether a separate examination should be held for such persons or whether they should participate in the prospective examination process, the court issued certain directions.
The court has directed that all the petitioners/appellants and applicants who have approached the apex court and all persons eligible under the advertisement criteria will be permitted to appear for one single examination. If successful, they will then have to go through a process of interviews only for the post of lecturers. Interviews have been dispensed with for TGTs.
Considering the period of service rendered by the TGT and lecturers, the court has asked the commission to give some weightage to both TGT and lecturers, depending on the period of service rendered. In the case of TGTs, such weightage will have to form a part of the total marks, while in case of the lecturers such weightage can be given in the process of interview.
The court has also stated that the period which has been verified as having been spent in teaching as ad hoc, will also be counted for purposes of retirement benefits of the TGTs and lLecturers.
The court has directed that the directions issued as part of these orders should be included in the advertisement to be issued for the post and the exam, and those who are employed at present as TGTs and lecturers would continue to be so employed till the process is completed. The financial benefits are given by the state government to the institutions, against appointments made in compliance with Section 16-E (sub- section 11) of the Intermediate Education Act 1971, the will also be given to these teachers to provide succour to the TGT/lecturers.
Read the order here;22522-2016-36-301-23619-Order-26-Aug-2020-1
-India Legal Bureau