Teachers' Absence Violates Poor Students' Right To Education: Allahabad High Court Seeks Strict Rules Ensuring Full Attendance In Rural Schools

In a significant order underscoring the sanctity of a teacher's duty and the constitutional right of every child to education, the Allahabad High Court recently called for the formulation of strict rules to ensure that teachers in rural primary and junior schools remain present throughout the school hours. A bench of Justice Praveen Kumar Giri observed that absenteeism among teachers in primary institutions "frustrates the very purpose of the Right of Children to Free and Compulsory Education Act, 2009" and thereby violates the fundamental right to education of poor village children.The bench was hearing a a plea filed by Indra Devi, the Head Teacher of a composite institution in Pailani, Banda district. She moved the HC challenging her suspension order passed by the District Basic Education Officer, Banda. She also sought quashing of the order and her reinstatement with salary. However, while considering her plea, the Court expressed deep concern over the recurring problem of teacher absenteeism in rural schools. The Court said that it is 'flooded' with matters pertaining to the attendance and non-attendance of teachers in primary educational institutions. Quoting the suspension order, which noted that the petitioner was not found present at the school around 1:30 PM during a surprise inspection by the District Magistrate, Banda, the Court highlighted the seriousness of such lapses. Justice Giri observed thus: "Due to the absence of teachers from school, there is a negative impact on students' learning, such as lower academic achievement and it creates unequal learning opportunities, especially for students from disadvantaged backgrounds who cannot afford private tutor or coaching". The bench also opined that the fundamental right of a child belonging to a poor villager studying in a primary educational institution cannot be violated by any person even teacher who is treated as a government employee/State under the Constitution of India. In its 6-page order, Justice Giri invoked ancient Indian wisdom to emphasize the teacher's exalted role in shaping society. He quoted from scriptures and literature, saying: "गुरु ब्रह्मा, गुरु विष्णु गुरु देवो महेश्वरा गुरु साक्षात परब्रह्मा तस्मै श्री गुरुदेव नमः॥" He further noted that education is a lifelong process, and it requires teachers' twenty-four-hour dedication as it was in Gurukul. "After getting the pious job of a teacher, if a teacher comes on time to the institution and imparts teaching to the students and leaves the institution after the expiry of the period, there might not be any problem", the bench further added. The single judge further noted that while the State Government had introduced digital attendance mechanisms, the same was not operational on the ground. Against this backdrop, observing that administrative efforts must shift from reactive actions against errant teachers to proactive measures ensuring quality education, the Court directed the top officials of the state government including the basic education officials thus: "…to come up with certain rules and regulations for ensuring the presence of the teachers in the institution from the beginning as well as up to the end of the period of a day which is fixed for teaching for children of poor villagers residing in rural areas". The Court directed the Chief Standing Counsel and other government officials to obtain necessary instructions and submit material on ensuring teacher and staff presence in the schools before the next hearing (October 30).Case title - Indra Devi vs. State Of U.P. And 2 OthersClick Here To Read/Download Order

Teachers' Absence Violates Poor Students' Right To Education: Allahabad High Court Seeks Strict Rules Ensuring Full Attendance In Rural Schools

Sparsh Upadhyay

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