No Bar On Appointment Of Teachers In UP Basic Education Institution For Involvement In Journalism: Allahabad High Court

The Allahabad High Court has reiterated that there is no bar on appointment of teachers in U.P. Basic Education institutions if they are involved in journalism Justice Irshad Ali relied on Tufail Ahmad Vs. State of U.P. and others, where the Allahabad High Court had held that the U.P. Government Servant's Conduct Rules, 1956 was not applicable to teachers of U.P. Basic Education. It was held that services of such teachers were governed by Uttar Pradesh Basic Education (Teachers) Services Rules, 1981. The Court held that though journalism by teachers was prohibited by the U.P. Government Servant's Conduct Rules, 1956, it was not prohibited by the Uttar Pradesh Basic Education (Teachers) Services Rules, 1981 which were actually applicable upon the petitioner. Referring to the aforesaid judgment, the Court held,“In the said judgment, it has been held that Rules of 1956 are not applicable to the teachers of U.P. Basic Education. In addition there to the Rule 12 of the Rules, 1981 does not prohibit the grant of employment to the person who is involved in journalism. Even otherwise, on the said basis, the impugned order was quashed by the Court.”Petitioner was appointed as an Assistant Teacher in Junior Basic School. Based on complaint by one Rakesh Kumar Awasthi alleging that he was working as a journalist in a newspaper, petitioner was suspended. Though in reply to the show cause notice, petitioner stated that the U.P. Government Servant's Conduct Rules, 1956 were to applicable on him, he was demoted from Junior Basic School to Primary School. Against the order of demotion, petitioner approached the High Court. The Court observed that after issue of show cause notice to the petitioner, no date and time was provided for hearing and cross-examination of witnesses which was violation of principles of natural justice. Noting that the under the 1981 Rules, journalism by teachers of U.P. Basic Education was not barred, the Court allowed the writ petition. However, since the petitioner had reached the age of superannuation, the Court directed that he be paid benefits as if he was the Assistant Teacher in Junior Basic School. Case Title: Suresh Bahadur Singh Kaushik S/O Late Sri Shyam Singh v. The State Of U.P. Through Secretary Basic Education And OthersClick Here To Read/Download Order

No Bar On Appointment Of Teachers In UP Basic Education Institution For Involvement In Journalism: Allahabad High Court

Upasna Agrawal

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