In a significant ruling, the Calcutta High Court has struck down the regularization of 313 voluntary teachers working in state-sponsored schools under the Gorkhaland Territorial Administration (GTA). The court declared the 2019 regularization process illegal, highlighting a failure to follow due procedure and eligibility norms.
Court Labels Regularization a "Fraud Practice"
Justice Biswajit Basu, presiding over the case, delivered the verdict on Wednesday. He strongly criticized the manner in which the teachers were regularized by the school education secretary in March 2019, terming it a "fraud practice." The judge emphasized that the regularization was executed without adhering to the proper legal and administrative channels.
A central point of contention was the teachers' qualifications. Justice Basu noted that, as per the rules under the National Council of Teacher Education (NCTE) Act, 2014, a BEd degree is a mandatory eligibility criterion. However, all 313 voluntary teachers engaged under the GTA did not possess this essential qualification at the time of their regularization. The court observed that these teachers obtained their BEd degrees only after the regularization process was completed.
Procedural Lapses and Lack of Approval
The judgment detailed serious procedural flaws. Justice Basu referenced a letter dated April 9, 2018, from the GTA board chairman to the school education commissioner, which sought an estimate for the cost of regularization. While the school education department later accepted the proposal "in principle," the court found the process incomplete and invalid.
The judge drew a clear comparison with the appointment of 439 teachers in GTA schools in 2017. That earlier appointment had received the necessary vetting from the finance department and final approval from the state cabinet. In stark contrast, the 2019 regularization of the 313 teachers bypassed these critical steps. It was not reviewed by the finance department nor sanctioned by the state cabinet, rendering the action unlawful.
Implications and Aftermath of the Ruling
The court's decision to set aside the regularization order has immediate and profound consequences for the affected teachers and the administration of schools under the GTA. The ruling underscores the imperative for government bodies to strictly follow established rules and procedures, especially in matters of public employment and education.
This case highlights the ongoing challenges in teacher recruitment and regularization in India, particularly concerning adherence to national standards like the NCTE guidelines. The verdict reinforces the principle that administrative convenience cannot override statutory eligibility requirements designed to maintain educational quality.
The state government and the GTA administration must now determine the next steps regarding the employment status of these 313 individuals, taking into account the court's firm stance on procedural integrity and qualification norms.
