STATE TIMES NEWS
JAMMU: Justice Alok Aradhe of J&K High Court has quashed the Circular dated January 4, 2017, by which the entire teaching faculty of School Education Department was directed not to undertake any activity/assignment including teaching in private institutions or in coaching centers.
This significant order has been passed in two petitions seeking quashment of aforesaid Circular. The petitioners also sought a writ of mandamus commanding the respondents to allow the government teachers/ lecturers to undertake private tuitions prior to or after working hours so that the children of the petitioners and various other residents of the State can fully prepared to compete in their annual examinations and excel in their academic careers.
Justice Alok Aradhe after hearing Senior Advocate Sunil Sethi with Advocate Veenu Gupta appearing for the petitioners observed that the petitioners are parents of the students who are studying in various classes and are preparing for admission to various professional courses.
It is the case of the petitioners that the service conditions of the government employees in the State of Jammu and Kashmir are governed by Jammu and Kashmir Government Employees (Conduct) Rules, 1971 and Rule 10 of the aforesaid Rules creating an embargo on the government employees for undertaking any job or service beyond their working hours in the department. In purported exercise of powers under Rule 10 of the aforesaid rules, the State Government had issued a Circular dated 11th August 2005 by which a general permission was granted to all the government teachers to undertake tuitions with the rider that they shall not undertake the tuitions two hours before the opening of the schools and two hours after closure of the schools.
Justice Alok Aradhe after hearing both the sides observed that it is evident that the State Government was not aggrieved by quashment of circular dated 11th August 2005 by the Division Bench of this Court insofar as it pertains to teachers. However, thereafter, the State Government has issued the impugned circular dated 4th January 2017 by which complete ban has been imposed to the effect that no teaching faculty of the School Education Department shall take up any activity/assignment including teaching in private institution or coaching center and the aforesaid circular in the considered opinion of this Court is in violation of the judgment dated August 18, 2011 passed by Division Bench of this Court in WPPIL No.06/2011.
It is pertinent to mention here that Rule 10 of the Rules does not enable the State Government to issue general instructions to the officials of the Education Department for imposition of such a complete ban. Therefore, the action of the State Government in imposing a general ban vide impugned circular dated January 4, 2017, which only extends to the teachers, cannot be sustained in the eye of law. Accordingly, it is quashed, the court observed.
