After serving the department of school education for more than six years in Haryana, guest teachers are facing now difficult times with no fault of theirs, they were appointed by the state education department by a policy advertisement in leading newspapers in 2005.Then what went wrong? so many appointments were made in past at panchayat level and block level or district level ,they even regularized Then what created problems for guest teachers, see the following observations of high court :
" guest teachers are backdoor entrants and the State
has been virtually encouraging an unacceptable practice. The norms for
appointment of guest teachers, as originally set out by the policy guidelines
dated 17.12.2005, were thrown to the winds at the time of recruitment.
Instead a process of handpicking candidates for appointment had been
resorted to. Slowly but steadily vested rights, though limited, had been
conferred by making such engagements on contract basis for a fixed
duration against a consolidated pay. Such actions of the State amount to
perpetuation of an illegality which cannot be permitted on the touchstone of
Articles 14 and 16 of the Constitution of India."
what are reasons court said guest teachers were handpicked and they are back door entrants, certainly this case was not handled properly. In the following observation court said article 14 and 16 of constitution is violated in guest teachers appointment.
The task before the Court, undoubtedly, is one of the striking
the right balance between the need for education and the need for
upholding the fundamental rights of a large section of the citizens under
Articles 14 and 16 of the Constitution of India.
article 14 and 16 speaks about Right to Equality and Right to Equal opportunity for all in public appointments. Now it is surprising when there was a advertisement appeared in newspapers and that was open to all ; however there was preference to the candidates of the same village ,then block, and then district. When district level appointments are legal and are still going on ,then why not village level or block level are not legal? ,this again shows that this case was not perused well in court by the right approach.
following strong words of the court can create problems for guest teachers because their termination is automatic
"(1) While it will be open to the State to extend the tenure of the
guest teachers, at all levels, such extensions shall not be
beyond 31.03.2012. In fact, on the expiry of the said date i.e.
31.03.2012, the services of all the guest teachers shall be
understood to have lapsed in terms of the present order and it
will not be open for the State to continue any such guest
teacher in service"
in absence of any new order from court if they go to school on first
April , head of school can show him/her this order of court and deny
him/her to mark attendance. So these days of March are very crucial for
guest teachers either they should approach the court for review of the
decision or government should approach the court. Some also of
the view that government can pass a bill in assembly to regularize the
services of guest teachers. This option can also be explored but high
court and Supreme court has the power to declare any bill 'null and void'
if it against any of provisions of constitution of India. Courts have
already observed that in these appointments article 14 and 16 is violated. Then what? If government introduce a bill in assembly and such a bill is passed ten certainly it will
be challenged in the courts of law , in that case if government could
convince the court that no violation of constitution has occurred then only
guest teachers may be regularized. Let us hope for the best.
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