CHALLENGE BEFORE GUEST TEACHERS IN HARYANA

With a promise to regularise guest teachers , BJP landed in power in Haryana. With a current approach of the govt , guest teachers are finding themselves nowhere  as Govt has assured the courts of law that soon they will dispense with services in compliance of various orders of Supreme Court and High Court....govt too is big fix even it has any intention to regularize them....

Supreme Court on 26 march,2014 observed during hearing of a contempt petition (civil) 420 of 2012 :

"We have heard learned counsel for the parties at length. Without mentioning the factual background in detail, suffice it is to state that the State of Haryana has appointed 'Guest Teachers' without following regular recruitment procedure and these teachers have been allowed to continue. Their appointment and continuation became the subject matter of certain proceedings which landed in this Court as well.

In those matters, order dated 30th March, 2012 was passed with the following directions:...2/-:2:“

7. Having heard the learned Attorney General for India, Mr. Subramanium and Mr. Vishwanathan, learned senior advocates, for the parties and also keeping in mind the submissions made by Mr. Vishwanathan, that the intention of the Division Bench of the High Court was that no further appointments of 'Guest Teachers' should be made after 1st April, 2012, and that the vacancies should be filled up by posting and reposting teachers in the different institutions, we feel that the two things should really be kept separate, notwithstanding the apprehension voiced by Mr. Vishwanathan, that this could lead to continuance of appointment of 'Guest Teachers'.

8. We make it very clear that as directed by the Division Bench of the High Court, no fresh appointments of 'Guest Teachers' will be made from 1^st April, 2012. However, since students also cannot be made to suffer on account of the delay in the appointment of regular teachers, we direct that the exercise indicated in the scheme, must be completed within the time specified in the scheme and no further extension

or deviation therefrom will be permitted.

9. Till then, the 'Guest Teachers' may be allowed to continue to function, as they have been doing so far.”

It is the violation of the aforesaid directions, which is alleged by the petitioner in the present Contempt Petition. It is his plea that in spite of direction given in the aforesaid order ...3/- :3: dated 30th March, 2012 to the State of Haryana to make appointments of teachers on regular basis, the State through its officers who are arrayed as respondents/contemnors in the present petition are dilly dallying the matter with sole intention to continue with the engagement of 'Guest Teachers' in the meantime. It is further argued that it has happened even when specific direction was given that exercise for appointment of regular teachers shall be completed as indicated in the Scheme and no further extension or deviation would be permitted. The matter came up from time to time for hearing. The Haryana School Teachers Selection Board (hereinafter referred to as “the Board”) is the authority which has to undertake the process of making selections and on the recommendation of the Board, Government is to make the appointments. Though some officers of Haryana State Public Service Commission have also been impleaded as contemnors, it is accepted at the bar that the Haryana State Public Service Commission has no role in making selections of the school teachers. ...4/-:4:

The Chairman and Secretary of the Board are arrayed as contemnors Nos. 8 and 9. An additional affidavit dated 6th February, 2014 is filed on behalf of these respondents Nos. 8 and 9. In this affidavit, it is explained that insofar as the Board is concerned, it has already undertaken and completed the selection process. However, the respondents are not able to make the appointment on the basis of the selection made by the Board in view of stay order granted by the High Court of Punjab & Haryana on 23rd October, 2013 in some writ petitions pending before it.  Having regard to the aforesaid facts, we are

of the opinion that no further orders/directions are required to be passed in the matter, except clarifying that the appointments of the candidates, which are stated to have been already selected by

the Board, shall be made once the embargo contained in the High Court's order dated 23rd October, 2013 is lifted. We impress upon and request the High Court to decide the said writ petitions as expeditiously as possible. ...5/-:5:

We further make it clear that all future selection shall be made in accordance with the Scheme indicated in the affidavit dated 19th March, 2012 of Surina Rajan, Financial Commissioner & Principal Secretary to Government of Haryana, School Education Department, Chandigarh filed in C.W.P. No.7121 of 2010 before the High Court. The contempt petition is disposed of in the above terms."

The High Court recently observed hearing the petition CWP No.2968 of 2015 dated 4th March,2015

"The petitioner has approached this Court challenging the order dated 09.02.2015 (Annexure P-10) whereby the services of then petitioner and other similarly situated Guest Teachers were to be terminated on the ground that the petitioner did not have the requisite qualification. The Hon'ble Division Bench of this Court in case CWP No.6090 of 2010, titled as Tilak Raj Vs. State of Haryana and others, decided on 31.03.2011, held that the State was directed not to extend the tenure of the Guest Teacher at all level beyond 31.03.2012. Thereafter, the matter was heard by Hon'ble the Supreme Court of India and extension was granted but despite the fact, the extension has been granted, to the State to make arrangements for the appointment of teachers on regular basis, no steps have been taken. This Court has also been apprised with that one COCP bearing No.3334 of 2014 titled as Prem Singh and another Vs. T.C. Gupta and others has been filed and the matter is slated for 12.05.2015. As per Annexure P-10, the State is stated to have prepared the list of 325 Guest Teachers, who are reported to have not been appointed in compliance with the Department's instruction/policy. In essence, they were not having the requisite qualification. This Court is flabbergasted/aghast to notice that despite the direction given by Hon'ble the Supreme Court of India & by this Court, much less, even the contempt petition has been filed & undertaking has been given, no steps have been taken by the State to start the process of appointing the teachers on regular basis. Mr. Ravi Pratap Singh, AAG Haryana is directed to apprise this Court and submit his status report as to what steps have been taken.In case, the status report is not submitted to the Court, Additional Chief Secretary, Department of Education, Haryana is directed to be present in the Court to apprise the Court. Mr. Jasbir Mor, Advocate for the petitioner is directed to hand over the copy of the writ petition to the learned counsel for the State. In the interest of justice, hearing of the case is adjourned to 09.03.2015 as other connected matters are also listed for hearing. "

With these compelling conditions it is going to a big challenge both for the govt and guest teachers to work out a solution. Let us hope something reprieving will come up.....for both.

(views expressed here are sole opinion of  author)