Srinagar, Sept 06: The High Court (HC) of Jammu & Kashmir and Ladakh has allowed 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.
Holding a division bench judgment in a plea challenging a similar circular issued by the government, a single-bench of Justice Ali Mohammad Magrey recorded that a declaration has been made that the action of the government as regards imposition of complete ban on private tuition is “unsustainable under law.”
Accordingly, the circular barring government teachers from engaging in private tuition or private teaching activity was quashed by the division bench.
The directions were passed after the counsel appearing for the petitioners submitted that similar petition, involving same subject matter stands allowed by the court where under the circular issued by the Chief Education Officer, Pulwama, was under challenge which was quashed by the court.
The petitioner counsel pleaded before the court that the same order be issued in the present plea challenging the circular issued in January 2021.
Justice Magrey held that the Chief Education Officer, Anantnag has to adhere to the Rule 10 of the Rules of 1971 by ensuring that the government teachers, while deciding to go for private tuition, shall obtain proper permission in this regard in tune with the circular issued by the government on August, 11, 2005.
The bench recorded that in August 2005, the government via circular had allowed all 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.
The court passed the directions in a plea moved by Manzoor Ahmad Dar and others challenging the validity of circular issued by School Education Department (SED) on January, 12, 2021 wherein the Teachers/ Lecturers have been directed to desist from giving tuitions to the students, failing which they shall be personally responsible for consequences.
The petitioners have also assailed the government order issued on January, 15, 2021, whereby the Committees are being constituted to implement the said circular in accordance with the provisions of the Right to Education Act (Chapter IV, Clause 24).