• Sign In/Sign Up
  • Menu
  • +Clients Back

    • Get Free Legal Answers
    • Get Fee Estimates
    • Find Lawyers
  • +Lawyers

    • Case Diary & Office Manager
    • Post News & Artilces
    • Post Jobs & Internships
  • +Law Students

    • Campus Ambassadors
    • Find Jobs & Internships
    • Post News & Articles
    • Resource Sharing
  • +Law Schools

    • Post Admissions
    • Post Opportunities
    • Get Law School Rating

  • Home
  • News/Articles
  • Teachers are paid hefty salaries, J&K uploads a ban in private tuition by elementary school government teachers.

Latest News

Back

Teachers are paid hefty salaries, J&K uploads a ban in private tuition by elementary school government teachers.

Courtesy/By: Anushka Singh  |  05 Apr 2021     Views:435

Instead of concentrating on their pious job and contributing to the nation-building, God Has chosen for them, for they, moved by their insatiable greed, engage in the activity of Private tuition … the order reads. 

 

The Bench of Justice Sanjeev Kumar explained that the promulgate by the Chief Education Officer, Kishtwar district will just apply to government teachers conferring elementary education up to 8th grade. 

 

The order states,

"That the impugned circular issued by the Chief Education Officer, Kishtwar is beyond the scope and ambit of the Act of 2009 particularly Section 28 thereof and therefore, cannot be applied to the Government Teaching faculty of higher secondary schools and colleges. The circular would have its applicability only to the government schools imparting elementary education i.e. schools up to 8th standard. The circular to the extent aforesaid is, thus, upheld."

The order contains intriguing perceptions made by the Court on the concern of permitting government teachers to take private tuitions.

The order goes on to state,

"The Government teachers are highly qualified and are imparted various training from time to time at the expense of the government to equip them with the latest teaching techniques and methodology. Instead of concentrating on their pious job and contributing to nation-building, God has chosen for them, for, they, moved by their insatiable greed, engage in an activity of private tuition either at their residence or in private coaching centers...

... Many a time, they skip their classes in the government schools so as to show up in the private coaching centers. Their engagement inactivity of private coaching invariably slows down their performance in the Government schools. It is with a view to avoid such unsavory situation and to prevent the government employees from engaging in private occupations, which may directly or indirectly be in conflict with their official duties, the Employees Conduct Rules, have been framed."

The Court passed the order in a challenge to the circular issued on November 21, 2020, pursuant to a complaint alleging that teachers of the school education department were imparting private tuition at coaching centers.

The said circular was passed as per Section 28 of the Right of Children to free and Compulsory Education Act of 2009, which states:

"Prohibition of private tuition by teacher - No teacher shall engage himself or herself in private tuition or private teaching activity."

The applicant had challenged the impugned  circular on the accompanying grounds: 

  1. Section 28 of the Act of 2009 is simply applicable to teachers  occupied with elementary education from Class 1-8 
  2. 2017 circular given by the school education department permits private tuitions with past sanctions from the competition authority. The impugned circular, therefore, negates the circular given by the administrative department.
  3. The impugned circular is also in violation of the judgment passed by a single bench of the High Court in Rakesh Kumar Sharma v. the State of J&K and another.

 

Before arriving at its decision, the High Court saw it fit to comment on Rule 10 of the Jammu & Kashmir Government Employees (Conduct) Rules, 1971. As per this provision, no government employee, which would include teaching faculty of government schools, shall engage directly or indirectly in any trade or business or undertake any other employment except with the previous sanction of the government. It observed,

"If Rule 10 of the Employees Conduct Rules is implemented by the Government in all the departments particularly in the department of Education in letter and spirit, the menace of private tuition by government teaching faculty could be eradicated and the teaching faculty can be made accountable and responsible towards the students who completely depend on government institutions for their education and have no means to pay for private tuitions."

The Court also held that a Single Judge order passed in May 2017 which had quashed 2017 circular, was per incuriam. This, because the Single Judge had failed to take into consideration a Division Bench judgment passed in 2005.

 

Aside from part of the way maintaining the 2020 circular, the Court passed the accompanying bearings: 

 

  • Conferring tutions at home or at some different premises including coaching/tuition centers by the government faculties is a commitment in the trade or business and, hence, prohibited Rule 10 of the Employees Conduct Rules, if undertaken without the previous sanction of the government.
  •  That the government employee is, however, entitled to undertake honorary work of a social or charitable nature or occasional work of a literary, artistic, or scientific character even without such sanction.

 

  • That the public authority representative is, nonetheless, qualified for attempted privileged work of a social or altruistic nature or infrequent work of an abstract, imaginative or logical character even without such assent. 

 

  • There isn't anything that prevents the government authority from taking a policy decision in the matter of teaching staff of the government that there will be no sanction/grant for commitment directly or indirectly in private tuitions in private coaching/tuition centers during and after the duty hours. 

 

  • That the branch of education(school as well as higher education) is coordinated to execute Rule 10 of the Employees Conduct Rules in letter and spirit and guarantee that no member from its teaching staff takes part in private tuition at private coaching /tuition centers without the previous authorization of the government. 

 

  • That the Government will do well to make and give a toll-free number in each District where the complaint(s) against the restricted action of the training personnel could be made. The public authority may make a web-based interface/grievance cell for receiving and redressal of the complaint(s) made by the residents against the banned activities of the teaching staff of the Government.

Document:


Courtesy/By: Anushka Singh  |  05 Apr 2021     Views:435

News Updates

The Legal Framework of Bail Conditions in India: B...
25 Oct 2024     Views:6251
Changing an Arbitrator Mid-Proceeding: Legal Frame...
23 Oct 2024     Views:5655
IMF Retains India's FY25 GDP Growth Forecast at 7%...
22 Oct 2024     Views:5636
The Evolving Landscape of Russian Anti-Suit Injunc...
22 Oct 2024     Views:5437
Hyundai’s IPO vs Competitors: How the Auto Giant...
15 Oct 2024     Views:5456
The Validity of Arbitration Agreements Post Decree...
14 Oct 2024     Views:5108
SEBI Issues Checklist for AIFs, Their Managers, an...
08 Oct 2024     Views:5472
The Siemens v. Russian Railroads Case...
07 Oct 2024     Views:5460
Empowering Minds in Confinement: Bombay HC’s Lan...
03 Oct 2024     Views:5587
The Dynamics of Novation in Contract Law and Its I...
02 Oct 2024     Views:5767
SEBI Establishes Consistent Evaluation Standards f...
01 Oct 2024     Views:5477
Landmark Decision by Austrian Supreme Court on Arb...
30 Sep 2024     Views:5439
Key Considerations for Indian Commercial Claims...
25 Sep 2024     Views:5391
Boom or Bust: Africa’s Oil Giants Face Declining...
23 Sep 2024     Views:5517
The Growing Role of Arbitration in Intellectual Pr...
23 Sep 2024     Views:5470
Supreme Court Greenlights Sub-Classification of SC...
20 Sep 2024     Views:5799
SEBI's Employee Grievances Prompt Formation of Wor...
19 Sep 2024     Views:5623
Environmental Law in India: Challenges and Opportu...
18 Sep 2024     Views:6475
Navigating the New Legal Landscape of Exclusive Ju...
16 Sep 2024     Views:5587
The Anatomy of Joint Venture Breakups in India (an...
31 Jul 2024     Views:5932
The Integration of ESG in India's M&A Landscape...
31 Jul 2024     Views:5833
Future of AI in Legal Systems and Conflict Resolut...
21 Jul 2024     Views:6019
World Health Assembly Revises International Health...
21 Jul 2024     Views:5870
Pokemon GO Fans Concerned Over Restrictive New Ter...
21 Jul 2024     Views:5980
Landmark Judgment on Setting Aside Arbitration Awa...
21 Jul 2024     Views:5770
Understanding the Process of Issuing Summons in In...
11 Jul 2023     Views:9186
Understanding the Unlawful Activities (Prevention)...
10 Jul 2023     Views:7707
Understanding the Mental Health Act in India: A St...
09 Jul 2023     Views:7746
Combating Manual Scavenging in India: A Call for S...
07 Jul 2023     Views:7532
Impleadment in Supreme Court of India: A Comprehen...
05 Jul 2023     Views:8520
Unraveling the Distinction: Culpable Homicide vs. ...
03 Jul 2023     Views:7842
Understanding the Difference between Money Bills a...
02 Jul 2023     Views:6375
Understanding the Civil Procedure Code in India: A...
01 Jul 2023     Views:7166
The Rights of Criminals in India: Upholding Justic...
30 Jun 2023     Views:6420
Exploring the Differences between the US and India...
29 Jun 2023     Views:6429
What to Do If the Police Refuse to Register Your F...
26 Jun 2023     Views:6685
Timeline of Environmental Protocols: A Global Effo...
25 Jun 2023     Views:6372
How to Deal with Cheque Bounce Cases in India...
24 Jun 2023     Views:6355
Pursuing a Lucrative Litigation Career in Indian L...
22 Jun 2023     Views:6402
Understanding the Emergency Provisions of India: S...
21 Jun 2023     Views:6375
Environment Legislation in India: A Comprehensive ...
20 Jun 2023     Views:6728
Understanding the Emergency Powers of the Constitu...
18 Jun 2023     Views:6216
Understanding the Emergency Powers of the Constitu...
17 Jun 2023     Views:6253
Timeline of Same-Sex Laws in India: A Journey Towa...
16 Jun 2023     Views:6701
Sir Creek Dispute and Legal Implications...
15 Jun 2023     Views:6903
Jurisprudence of NDPS Laws in India: A Comprehensi...
14 Jun 2023     Views:6480
Impleadment Proceedings: A Comprehensive Guide to ...
13 Jun 2023     Views:6912
Understanding Continuing Mandamus: A Powerful Judi...
12 Jun 2023     Views:8917
Res Judicata: The Doctrine of Finality in Legal Pr...
10 Jun 2023     Views:6904
Mastering the Art of Legal Drafting: A Comprehensi...
08 Jun 2023     Views:6568
Order 1 Rule 10 of the Code of Civil Procedure (CP...
07 Jun 2023     Views:12246
Understanding the Laws of War: Protecting Humanity...
03 Jun 2023     Views:6282
Understanding the Code of Criminal Procedure (CRPC...
02 Jun 2023     Views:7147
The National Drug and Psychotropic Substances (NDP...
01 Jun 2023     Views:6717
A Step-by-Step Guide: How to File an FIR in India...
31 May 2023     Views:6430
Zero FIR: An Effective Tool for Prompt Criminal Ju...
30 May 2023     Views:6657
Unveiling the Dissent of Judges in Judicial Judgme...
28 May 2023     Views:6290
Environmental Laws in India: Safeguarding Nature f...
25 May 2023     Views:6744
The Recusal of Supreme Court of India Judges from ...
24 May 2023     Views:6409
Understanding the Jurisdiction of the Supreme Cour...
23 May 2023     Views:6852
Article 142 of the Constitution of India: A Compre...
22 May 2023     Views:7082
Landmark Judgments in Arbitration Law in India: A...
21 May 2023     Views:7312
Landmark Cases on Anticipatory Bail in India: A Pa...
20 May 2023     Views:11195
Embracing the Future: How AI is Revolutionizing th...
18 May 2023     Views:6502
Understanding Narcotics Laws in India: A Comprehen...
17 May 2023     Views:6378
Understanding Indian Laws on Cross-Border Transact...
16 May 2023     Views:7517
ADR mechanism of legal adjudication in India...
15 May 2023     Views:6222
Validity of foreign arbitral award in India throug...
14 May 2023     Views:6231
Scope of Section 151 CPC...
13 May 2023     Views:7822
Detailed Overview on Section 482 of Crpc...
11 May 2023     Views:6762
Scope of Decree under CPC...
10 May 2023     Views:6304
Legal development of Arbitration Laws in India....
09 May 2023     Views:6352
Arbitration Laws in India...
07 May 2023     Views:6300
Impact of COVID-19 on Legal Industry...
06 May 2023     Views:8402
Chargesheet not having authority's valid sanction ...
02 May 2023     Views:6586
Same-Sex Marriage in India...
30 Apr 2023     Views:6221
National Commission for Women...
27 Apr 2023     Views:6074
Law making process of India....
26 Apr 2023     Views:7163
Bail Provisions in India...
25 Apr 2023     Views:6097
Life imprisonment in Criminal Law in India...
24 Apr 2023     Views:6525
Contempt of Court...
23 Apr 2023     Views:6354
The collegium system of Judiciary in India....
22 Apr 2023     Views:6035
Remarriage before Expiry of Limitation Period to f...
21 Apr 2023     Views:6026
Need for strict measure of NDPS laws in India....
20 Apr 2023     Views:6195
Nature of Offence under Section 138 of NI Act is Q...
19 Apr 2023     Views:8639
Order VII Rule 11 CPC: Plaint cannot be rejected m...
18 Apr 2023     Views:7240
Mediation: At the Dawn of Golden Age organized at ...
16 Apr 2023     Views:6307
Central Government's motto should be mediate, not ...
15 Apr 2023     Views:6023
Ambedkar Jayanti Celebrations...
14 Apr 2023     Views:6241
Supreme Court of India calls for Preventive Measur...
12 Apr 2023     Views:5793
Pursuing LL.M is not break in Law Practice, Rules ...
11 Apr 2023     Views:6021
Law should take into consideration realities of co...
10 Apr 2023     Views:5848
Delhi High Court said that peeping into public bat...
08 Apr 2023     Views:6458
Delhi High Court denies bails to AAP's Satyendra J...
06 Apr 2023     Views:6576
Supreme Court’s Triple Talaq Judgement Would App...
30 Jan 2023     Views:6298
Article 311(1) | An Order of Removal From Service ...
26 Jan 2023     Views:6773
Leaders shouldn't disrespect the President or Pri...
17 Jan 2023     Views:6079
New bench will hear Ashwini Upadhyay's Supreme Cou...
15 Jan 2023     Views:6221
Person Who Drove Rashly with the Knowledge that it...
12 Jan 2023     Views:6813
The rigours of Section 37 of the NDPS Act cannot b...
11 Jan 2023     Views:6550
FIND A LAWYER




FIND A LAW SCHOOL



Most Read News Articles

  • Sabrimala Verdict (28 sept 2018) - A End of Taboo.
    On 07 Oct 2020    Views:96535
  • Case Analysis: Vellore Citizens Welfare Forum vs Union of India
    On 11 Dec 2020    Views:74126
  • Case Analysis: THE BERUBARI UNION CASE
    On 14 Dec 2020    Views:71536
  • DOCTRINE OF ELECTION UNDER TRANSFER OF PROPERTY ACT, 1882
    On 08 Jul 2020    Views:70678
  • A.K. Gopalan v. State of Madras (1950 AIR 27, 1950 SCR 88)
    On 08 Nov 2020    Views:60049
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances
  • Test

News

  • Legal News
  • Post Article
  • Post Interview

Legal Library

  • Central Acts
  • Deeds Drafts [1128 ]
  • Legal Maxims

Connect

Lawsisto Direct

 

  •  
  •  
DISCLAIMER
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.