'Teachers Are Like Gods,They Cannot Question Each And Every Decision Taken By Govt. In Public Interest': Madras HC

Madras High Court sides with the reasoning of single judge bench of Justice S. M. Subramaniam, which had dismissed writ petitions filed by Tamil Nadu Elementary School Teachers Federation challenging the order passed by the Director of Elementary Education deploying Secondary Grade Teachers in the Elementary Education to the post of Nursery / Montessori Teachers in Anganwadi Centre. Bench of justices Justice N. Kirubakaran and Justice S .S. Sundar in S.Paul Prince v. State of Tamil Nadu while deciding writ petitions concerning same found nothing wrong with the introduction of pilot project of Montessori based education to the kindergarten students while deploying Secondary Grade Teachers in the Elementary Education to the post of Nursery / Montessori Teachers in Anganwadi Centres. Court said that it is open to the Government to introduce a bridge course and give proper training to Secondary Grade Teachers for six months and empower them to impart Montessori based education to Kindergarten students simultaneously while employing them as Montessori Teachers. It directed the government to go ahead with the project at the earliest as the academic year is to commence from 1st June, 2019 onwards. Introduction of Montessori Education Pilot Project In 2381 Anganwadi Centres located within the premises of Governemnt Middle Schools across the state of Tamil Nadu, the State Government decided to introduce Montessori Education based LKG and UKG classes for 52,933 children, who are to be benefitted. The Government of Tamil Nadu passed orders in Social Welfare and Nutritious Meal Scheme (SW7(1)) Department dated 11.12.2018 granting administrative approval. Based on the said approval, the Director of Elementary Education passed an order dated 09.01.2019 directing redeployment of surplus Secondary Grade Teachers in the School Education Department to the Anganwadi Centres to teach LKG/UKG students. The said Government Order as well as the subsequent order of the Director of Elementary Education of deployment of surplus Secondary Grade Teachers in Government Schools were challenged by various Teachers' Associations as well individual teachers by these writ petitions. Contentions Senior counsel appearing on behalf of the petitioners' submitted before the court that the Secondary Grade Teachers, who are working in government schools cannot be directed to take classes for LKG/UKG students as they do not have the required qualification as prescribed in I schedule of the 'National Council for Teacher Education'. He submitted further that the qualifications prescribed for appointment as "Kindergarten/Montessori Teachers" and "Secondary Grade Teachers" are different. Hence, transfer of Secondary Grade Teachers to work as Kindergarten Teacher/Montessori Teacher is not sustainable and that the transfer of Secondary Grade Teachers to work as Kindergarten/Montessori Teacher amounts to degradation or reduction in status and that the said deployment amounts to change in service condition. On the other hand counsel for the respondents submitted that the intention of the Government behind this move is only to see that the children of poor sections of the Society are benefitted. He submitted that the Government is compelled to introduce Montessori education based LKG/UKG classes in Anganwadi Centres as the parents are interested in getting their wards admitted in private schools which offer pre-school education namely LKG/UKG and provide facilities like modernized buildings, vehicle, uniform, etc. resulting in decrease in the enrolment of children in Anganwadi Centres. He said that it is the endeavour of the Government to implement the programme on pilot basis for three years and further continuance shall be decided based on the outcome of proposed third party evaluation. He submitted further that it is is the policy decision of the Government to introduce Montessori Education based LKG/UKG classes in 2,381 Anganwadi Centres with 52,933 children and therefore, the said decision cannot be questioned. Court can't question policy decisions Taking a stand of non-interference in policy matters, court said that introduction of Montessori based Kindergarten is a remedial measure taken by the government in Anganwadi Centres as a pilot project for three years, the continuance of which would be subject to the outcome of evaluation after three years. "It is seen that the Government has already taken a policy decision and with an intention to arrest the decline in admissions in Government Schools as well as in Anganwadi Centres and to benefit the children of weaker sections and rural area [it issued the order].When the Government considering the pros and cons of the present situation and needs of the society, has taken a policy decision, this Court has got only a limited jurisdiction and does not have power to review the policy decision when the ...

'Teachers Are Like Gods,They Cannot Question Each And Every Decision Taken By Govt. In Public Interest': Madras HC

Shayesta Nazir

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