The Madras High Court has directed the Government to take action against Government School Teachers and the teachers who are receiving salary from the Government who conduct Tuitions / Tutorials and Private classes for monetary gain.
Justice SM Subramaniam observed that as per the Tamil Nadu Government Servants Conduct Rules, taking tuitions or engaging in other business by a teacher is misconduct. The Judge made these observations in a petition filed by a teacher challenging an order of transfer issued to him. The court observed:
"It is most unfortunate to state that these Teachers are soliciting the students to join the Tuition classes at their home or in the place organized by such Teachers. The students, after School hours, are sometimes forced to attend the Tuition classes. Taking of Tuition after School hours is also misconduct. Public servant must show devotion to his duty. The Profession of teaching as a Noble one, the Teachers both inside the Schools as well as outside the Schools is bound to maintain honesty, integrity and clean life. Contrarily, these Teachers are engaged in trade and business and by conducting Tuitions / Tutorial classes. There is no adequate machinery to check these illegal activities and initiate action. The higher officials, who all are having knowledge about these activities, are remaining as mute Spectators."
The court further observed that these activities of the Teachers across the State are to be monitored and suitable actions are to be initiated. It also observed that the act of some teachers conducting agitations, Dharnas during the eve of public examinations in order to threaten the "State Government" as well as the public, should also be viewed seriously and constant actions in this regard are to be taken by the competent authorities. The court ordered:
"The 1strespondent is directed to issue consolidated instructions / circulars to all the Educational Institutions, Schools, stating that the Teachers and the public servants shall not involve in any trade business or taking Tuitions or Tutorial classes even after the School hours or in holidays by clearly mentioning that such conduct of trade, business or taking Tuitions etc., are already described as misconduct under the Tamil Nadu Governments Conduct Rules, warranting Disciplinary proceedings under the relevant Rules."
The judge has also directed the state to provide Toll Free Telephone Numbers, enabling the students, parents, interested persons, and public in general to register complaints regarding the indiscipline, illegal activities, irregularities, Sexual Harassment etc. This number is also to be used for informing the authorities about private trade business or Tuitions or Tutorial classes by the Teachers or authorities of the Education Department.