High Court declares teachers can't be asked to perform non-educational duties outside the RTE Act 2009
TOI-Online | Jan 27, 2019, 18:31 IST
NEW DELHI: The Delhi High Court has taken the authorities to task for assigning duties to school teachers which are "not remotely" connected to imparting education. The high court has stated that the principals and teachers can’t be asked by municipal corporations to perform duties outside the purview of the Right of Children to Free and Compulsory Education (RTE) Act and rules mentioned under it.
However, the court has clarified that the authorities are justified in seeking assistance of principals and teachers to aid in opening bank accounts of children in the school and linking them with Aadhaar cards, but the requirement cannot be treated as "mandatory" and cannot be made a basis for proceeding against them for non-rendering adequate assistance.
As per the court, "This court is constrained to take judicial notice of the fact that there is a prevalent practice, in recent times, of schools assigning to teachers duties and tasks not remotely connected to imparting of education. This, in the opinion of this court, is impermissible and unconscionable in equal measure.”
It even added that "Education is a serious affair, and teachers are justifiably regarded as discharging divine duties, nourishing and nurturing the minds of tomorrow. Single-minded devotion and blind pursuit of excellence must guide every educator. It is no less than an affront, therefore, to be labour teachers with tasks which deflect, detract and distract, from the noble task of imparting education."
Akhil Delhi Prathmik Shikshak Sangh, a society consisting of teachers of schools run by the Municipal Corporation of Delhi, brought the court's order on a petition, espousing their cause.
Teachers in government schools, will not do duties beyond educational work which includes-opening of the bank accounts of children of their schools, linking the accounts with Aadhaar and conducting house to house survey to maintain the ward education register. They contended that the ward education register is required to be maintained by the ''local authorities'' under the RTE Act.
The counsel for the Delhi government contended that these duties are only incidental and ancillary to the duty of imparting education, which is the primary duty of the teachers and principals.
However, the court has clarified that the authorities are justified in seeking assistance of principals and teachers to aid in opening bank accounts of children in the school and linking them with Aadhaar cards, but the requirement cannot be treated as "mandatory" and cannot be made a basis for proceeding against them for non-rendering adequate assistance.
As per the court, "This court is constrained to take judicial notice of the fact that there is a prevalent practice, in recent times, of schools assigning to teachers duties and tasks not remotely connected to imparting of education. This, in the opinion of this court, is impermissible and unconscionable in equal measure.”
It even added that "Education is a serious affair, and teachers are justifiably regarded as discharging divine duties, nourishing and nurturing the minds of tomorrow. Single-minded devotion and blind pursuit of excellence must guide every educator. It is no less than an affront, therefore, to be labour teachers with tasks which deflect, detract and distract, from the noble task of imparting education."
Akhil Delhi Prathmik Shikshak Sangh, a society consisting of teachers of schools run by the Municipal Corporation of Delhi, brought the court's order on a petition, espousing their cause.
Teachers in government schools, will not do duties beyond educational work which includes-opening of the bank accounts of children of their schools, linking the accounts with Aadhaar and conducting house to house survey to maintain the ward education register. They contended that the ward education register is required to be maintained by the ''local authorities'' under the RTE Act.
The counsel for the Delhi government contended that these duties are only incidental and ancillary to the duty of imparting education, which is the primary duty of the teachers and principals.
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