Banning Pvt tuition by Govt teachers | Lax implementation forces authorities to issue fresh orders every winter

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Representational Image File/ GK

Srinagar, Nov 18: Banning government school teachers from taking classes at private -tuition centres in J&K has become a persistent problem as the repeated orders by the J&K government have failed to see any implementation on the ground.

Given the lax implementation of the orders, the School Education Department (SED) is forced to issue the orders every winter prior to the commencement of the new academic session in the schools.

Over the years, the government has issued repeated orders directing the government school teachers to refrain from taking classes at private tuition centres. However, the orders see poor implementation on the ground as the teachers continue to take classes at private tuition centres.

On Friday, the SED invoked Rule 10 of the J&K Government Employees (Conduct) Rules, 1971 and issued circular instruction to the teaching faculty to prohibit them from taking private tuitions.

The government stated that no government employee, whether on leave or active service, shall except with the previous sanction of the government engage directly or indirectly in any trade or business or undertake any other employment.

The government also referred to the Chapter (IV) section 28 of the RTE Act, 2009 which prohibits private tuition by teachers saying that “No teacher shall engage himself or herself in private tuition or private teaching activity.”

The Principal Secretary SED, Alok Kumar in his circular said that some members of teaching faculty of SED were undertaking coaching assignments in private institutions and coaching centres even during school hours in violation of Rule 10 of the J&K Government Employees (Conduct) Rules, 1971 as well as Chapter (IV) Section 28 of RTE Act, 2009.

“The High Court in WP (C) No. 10/2021 titled Farooq Ahmed V/s UT of J&K & Ors has also issued the directions that the department of education (school as well as higher education) is directed to implement Rule 10 of the Employees Conduct Rules in letter and spirit and ensure that no member of its teaching faculty engages in private tuition at private coaching/tuition centres without previous sanction of the government,” the circular reads, adding that the Zonal Education Officers at the zonal level and Chief Education Officers at the district level shall be the nodal officers to ensure the implementation of Rule 10 of the Employees Conduct Rules and the instructions issued by the government to give effect to Rule 10 of the Employees Conduct Rules.

In wake of this, the SED has once again impressed upon all the teaching faculty to strictly adhere to the instructions as provided in Rule 10 of the J&K Government Employees (Conduct) Rules, 1971 and Chapter (IV) Section 28 of RTE Act, 2009 and not to indulge in any private trade/practice or private tuitions.

“No teaching faculty shall undertake any activity including teaching in a private educational institution or coaching centre, unless he or obtains prior sanction from the competent authority,” the circular reads.

“Any violation in this regard shall invite disciplinary action against the delinquent officer, as warranted under rules,” the circular reads.

Further, the Director School Education, Jammu and Kashmir division besides all Chief Education Officers, Zonal Education Officers, Principal of Higher Secondary Schools and Headmasters of all government schools have been entrusted with the responsibility to ensure that no teaching faculty violates the circular instructions.

Over the years, many government school teachers were found taking classes at private coaching centres in violation of government rules.

As already reported by this newspaper, the RTE Act 2009 became applicable in J&K in October 2019. The Right of Children to Free and Compulsory Education Act-2009 vide Chapter IV Clause 28 prohibits all teachers from engaging themselves in private tuition or private teaching activity.

Earlier, the department had also directed the coaching centres to ensure that no government employee is imparting teaching in their coaching centre for which the proprietor has to submit an affidavit duly attested by the judicial magistrate as well.

Now, all eyes are on the government and the district authorities of the education department to ensure strict implementation of the circular instruction issued by the government.

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