State

Circular on Prohibition on private tuitions by teaching faculty of School Education Department

golden yug
[ September 28, 2017 ] Whereas, the School Education Department, vide Circular No.l-Edu of 2017, dated 04.01.2017, impressed upon the Directors of School Education and all Chief Education Officers to ensure that no teaching faculty of the School Education Department undertakes any activity/ assignment, including teaching, in a private institution or coaching centre; and whereas, the aforesaid Circular was challenged before the Hon"ble High Court (HHC) of J&K in OWP No: 306/2017, titled Rakesh Kumar Sharaia & Ors V/S State of Jammu & Kashmir & Ors, and the Hon"ble Court quashed the Circular in a judgment dated 29.05.2017, the operative part of which is reproduced here as under."The aforesaid Circular in the considered opinion of this Court is violative of the judgment dated 18.11.2011, passed by Division Bench of this Court in WPPIL No: 6/2011. It is pertinent to mention here that Rule 10 of the Rules does not enable the State Government to issue general instructions to the officials of the Education Department for imposition of such a complete ban. Therefore, the action of the State Government in imposing a general ban vide Circular dated 04.01.2017, which only extends to the teachers, cannot be sustained in the eye of law. Accordingly, it is quashed”Whereas, consequent upon the above direction of the Hon"ble Court, the matter was taken up with the Department of Law, Justice and Parliamentary Affairs whereby opinion was sought as to whether the School Education Department can issue a fresh Circular, in supersession of previous Circular, wherein h shall be provided that no teaching faculty of School Education Department shall take up any activity/ assignment, including teaching in a private educational institution or a coaching centre, without seeking prior sanction of the Government; and whereas, the Department of Law, Justice and Parliamentary Affairs, after examining die proposal of the School Education Department, returned the file with the following advice. Rule 10 of the Jammu & Kashmir Government Employees (Conduct) Rules is clear on the subject. The Circular dated 04.01.2017 issued by the Department is in contravention of Rule 10 of the Jammu & Kashmir Government Employees (Conduct) Rules, 1971. The Department is advised to lake an administrative decision at their own level and in compliance of Court judgment, can Issue a fresh Circular, in supersession of all previous Circulars"Whereas, Rule 10 of the J&K Government Employees (Conduct) Rules, 1971, states that no Government employee, whether on leave or active service, shall accept with the previous sanction of the Government, engage directly or indirectly in any trade or business or undertake or shall discontinue such work if so directed by the Government; and Whereas, the School Education Department has been receiving a number of complaints regarding teaching faculty of the School Education Department who are undertaking coaching assignments in private institutions and coaching centres even during schools hours, which adversely impacts impairing of education to the enrolled students, besides being violative of Rule of the J&K Employees (Conduct) Rules, 1971; and Now, therefore, in consonance to the directions passed by the Hon"ble High Court and in deference to the opinion conveyed by the Department of Law, Justice and Parliamentary Affairs, in order to safeguard public interest i.e. the interests of students of Government Schools and normal academic activities thereon, the School Education Department, in supersession of all previous Circulars issued on the subject, hereby orders that, henceforth, ho teaching faculty shall undertake any activity/assignment^ including teaching in private educational institution or coaching centre, unless he/she obtains previous sanction from the competent authority. The Administrative Department further entrusts the responsibility of ensuring that no "member of the teaching faculty of the School Education Department violates the fresh Circular instructions upon the Chief Education Officers, Zonal Education Officers, Principals of Higher Secondary Schools and Headmasters of all other Government Schools in the State. Any member of the teaching faculty found violating the Circular instructions shall face disciplinary action, as warranted under rules.