the Allahabad High Court last week asked the Government of Uttar Pradesh authorities to instruct the relevant district magistrates and the district basic education officer of the different districts that teachers should not be assigned to work in the teeth of the RTE law [Right of Children to Free and Compulsory Education Act, 2009].
The bench of Judge Vivek Chaudhary heard the plea filed by 3 primary school teachers who maintained that the state and Parishad authorities appointed them as cabin officers and that various other jobs were entrusted to them which were not required to be carried out by teachers .
The Court ruled that the instruction issued by the authorities requiring the applicants to perform work contrary to section 27 of the Children’s Right to Free and Compulsory Education Act 2009 cannot be upheld.
In reaching this conclusion, the Court referred to Article 27 of the 2009 Law as well as to Rule 21 (3) of the 2011 Regulation.
While article 27 of the 2009 law not allowed deployment of teachers for non-educational purposes, rule 21 (3) says – “In order to maintain the student-teacher ratio, no teacher assigned to one school should be called upon to serve in another school or office or deployed for non-educational purposes, other than decennial population census, disaster relief or election-related functions. local authority or state legislatures Parliament. “
In view of these provisions, the Court ordered the state government:
“The authorities concerned will give the necessary instructions to the district magistrates concerned and to the district basic education manager of the different districts so that the provisions contained in article 27 of the law of 2009 are scrupulously respected and that the teaching assistants not assigned to a job in the provisions teeth“
With the aforementioned observations, the motion in brief was abandoned.
Case title – Charu Gaur and 2 others V. State Of UP and 6 others
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