Court directs Education Deptt to ensure no Govt faculty engages in private tuition without previous sanction

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STATE TIMES NEWS

JAMMU: In a significant order, issued in a petition filed by father of two children studying in 10th & 12th classes, Justice Sanjeev Kumar of J&K High Court Jammu directed Education Department to implement Rule 10 of Employees Conduct Rules in letter & spirit and ensure that no member of its teaching faculty engages in private tuition at private coaching/tuition centres without previous sanction of Government. The Zonal Education Officers, at zonal level and Chief Education Officers at the district level shall be the Nodal Officers, who will ensure implementation of Rule 10 of Employees Conduct Rules and the circular/instructions, if any, issued by Government to give effect to Rule 10 of the Employees Conduct Rules.
Justice Sanjeev Kumar after hearing both sides observed that Rule 10 of the Employees Conduct Rules, it may be observed, has only remained on papers and has not been implemented by Government in letter & spirit so far. The attempts made by Government on two earlier occasions have been aborted by teaching faculty of School Education Department by putting-up so called parents of students and engaging the State in litigation.
Justice Sanjeev Kumar said that without sermonising on role of teachers in the national-building, suffice it to say that teacher in our society is a role model and is given a pious duty of making and moulding career and character of the students. “Teachers these days are paid hefty salary by the Government and there is no pressing necessity for them to engage in private tuitions that, too, on many occasions at the cost of their students in the Government institutions. It is pity that the standard of education in the Government institutions has gone down drastically, though the best teaching faculty is available in the Government-run institutions,” he observed.
Justice Sanjeev Kumar further observed that the Government teachers are highly qualified and are imparted various trainings from time to time at the expenses of Government to equip them with the latest teaching techniques and methodology. Instead of concentrating on their pious job and contribute to the nation building, the God has chosen for them, for, they, moved by their insatiable greed, engage in activity of private tuition either at their residence or in private coaching centres.
High Court further observed that many a times, they skip their classes in the Government schools so as to attend private coaching centres. Their engagement in activity of private coaching invariably slows down their performance in the Government schools. With a view to avoid such unsavory situation and to prevent 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. Rule 10 of the Employees Conduct Rules reproduced herein above takes care of situation we are confronted with in this petition. If Rule 10 of Employees Conduct Rules is implemented by the Government in all departments, particularly in the department of Education in letter & 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.
Court further said that neither Rule 10 of the Employees Conduct Rules nor any other provision of any Act or Rules debars the government from issuing circular, guidelines or instructions for enforcing Rule 10 of Employees Conduct Rules. There is nothing that prevents the government from taking a policy decision in the matter of teaching faculty of the government that there shall be no sanction/grant for engagement directly or indirectly in private tuition in private coaching/tuition centres during and after the duty hours.
Court further said that any circular issued to give effect to Rule 10 of the Employees Conduct Rules, would be valid in law and it would be the responsibility of all DDOs and controlling authority to ensure that it is implemented in letter & spirit. The decision to generally withdraw sanction for permitting the teaching faculty for undertaking the private tuition at the private tuition centres will be a policy decision of the government to be taken by it taking into consideration all relevant factors. Court directed the Department of Education (School as well as Higher Education) to implement Rule 10 of the Employees Conduct Rules in letter & spirit and ensure that no member of its teaching faculty engages in private tuition at private coaching/tuition centres without previous sanction of the government. Court further directed the Government do well to create and provide toll free telephone number in each District where complaint(s) against the banned activity of the teaching faculty could be made. The government may create a web portal/grievance cell for receiving and redressal of complaint(s) made by the citizens against the banned activities of the teaching faculty of the Government. “Court hopes and trusts that the Government would adhere to Rule 10 of the Employees Conduct Rules and will adopt a proactive approach to eradicate the menace of government teaching faculty engaging in private tuitions at the cost of students studying in the government institutions. It would not only discipline teaching faculty but would also help in raising the standard of education in Government run educational institutions,” he observed.