The Supreme Court has raised its concerns about the adhocism prevailing in the appointment of teachers and lecturers.
"The present dispute is a reflection of the mess in the education system where starting from the primary level to the highest level adhocism seems to prevail in the appointment of teachers and lecturers in turn having consequences for the students who need to benefit from the best education process. That has not been so.", the bench of Justices Sanjay Kishan Kaul and KM Joseph said.
The bench, while considering a batch of appeals noted that a complete adhocism in the working of the education system whereby Trained Graduate Teachers and lecturers have been working for years and decades without a regularization. "We do find that everyone is to blame for this scenario as what was an adhoc arrangement never fructified in the proper regularization or by holding examination in which recruitment could take place. If the recruitments did take place, that was periodic in terms of examination held after long period of time.", the bench said.
The Court noted that the State of Uttar Pradesh proposes to hold a competitive examination for recruitment of 15000 TGTs and lecturers both (if there are more existing vacancies reported as per rules, the Commission should take care to advertise even for those vacancies). The bench, invoking Article 142 of the Constitution, issued the following directives:
- All the petitioners/appellants and applicants before us and for that matter all persons eligible under the advertisement will be permitted to appear for one single examination.
- Such of the persons who are successful, would have to go through a process of interview insofar as the post of lecturers is concerned, as we are informed that the post of TGTs the interviews have been dispensed with.
- We are inclined to give some weightage to the persons who have worked as TGT and lecturers depending on the period of service rendered. It is respondent No.3-Commission which will have to tweak this aspect and work out giving 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 advertisement to be issued should contain the terms of these directions issued by us today.
- We make it clear that the decision as aforesaid will be final of the Commission and no further litigation will be entertained in respect thereof.
- Insofar as the verification of past service is concerned, the concerned teachers/lecturers would give the particulars and details to the Commission for obtaining such weightage and that aspect will be verified by the Commission in consultation with the State Government as we are told that it is the State Government which would have the wherewithal to do the needful. Needless to say that aspect will also be final without any further litigation being entertained in that behalf.
- In view of the weightage given, for the same the examination process can be completed.
- The other aspect is that apart from the weightage, the period which has been verified as having been spent in teaching as adhoc, would be counted for purposes of retiral benefits of the TGTs and Lecturers.
The bench added that education in a very important role performed by a State apart from the area of medical assistance to citizens and thus it is necessary that the full benefit is extended to the students which can only take place if the full strength of teachers is available at the requisite time. The court also directed that the teachers/lecturers who are employed at present the TGTs and lecturers would continue to be so employed till the aforesaid process is completed and to the extent the financial benefits are given by the State Government to the institutions, against appointments made in compliance with Section 16-E (subsection 11) of the Act, the same will also be given to provide succour to the TGT/lecturers.
Since there is always hope, we hope for a better future, said the bench while directing the Commission and State to to ensure that at least in the session commencing in July, 2021 all teachers up to date are in place.
Case name: SANJAY SINGH Vs. STATE OF UTTAR PRADESH
Case no.: CIVIL APPEAL NO.8300 OF 2016
Coram: Justices Sanjay Kishan Kaul and KM Joseph