The Supreme Court has said the mess of adhocism is prevalent in the appointment of teachers and lecturers having consequences for the students, who need to benefit from the best education process.
A bench comprising Justices Sanjay Kishan Kaul and K M Joseph using Article 142 of the Constitution passed a slew of directions to streamline the recruitment process of lecturers and teachers in Uttar Pradesh. “This court has the benefit of Article 142 of the Constitution to do complete justice between the parties and we are taking recourse to this to deal with the mess which is before us i.e. a complete adhocism in the working of the education system whereby TGTs and lecturers have been working for years and decades without a regularisation”, said the top court.
The bench added the concerned authorities should issue an advertisement, which should contain directions issued on the matter by the court.
The bench emphasised that everyone is to blame for this scenario as the adhoc arrangement never fructifies in the proper regularisation or by holding examination, so that recruitment could take place. The bench noted that as per the last additional affidavit filed by Uttar Pradesh government, it emerges that the state proposes to hold a competitive examination for recruitment of 15000 TGTs and lecturers. The top court said the petitioners and applicants before it and also all persons eligible under the advertisement will be permitted to appear for one single examination.
The bench said the concerned authorities should give benefit to teachers and lecturers who have so far worked adhoc, and work out a formula giving some weightage to both TGT and lecturers depending on the period of services rendered. “In the case of TGTs, such weightage will have to form a part of the total marks while in case of the lecturers such weightage can be given in the process of interview. The other aspect is that apart from the weightage, the period which has been verified as having been spent in teaching as adhoc, would be counted for purposes of retiral benefits of the TGTs and Lecturers,” said the bench.
The top court directed the state government and concerned authorities to lay down a schedule for periodically holding examinations so that it creates employment opportunities and also the students are benefitted. The bench recommended that the recruitment be completed well in time to ensure that at least in the session commencing in July, 2021, all teachers up to date are in place. “it will be appropriate to direct that the teachers/lecturers who are employed at present the TGTs and lecturers would continue to be so employed till the aforesaid process is completed and to the extent the financial benefits are given by the State Government to the institutions, against appointments made in compliance with Section 16-E (subsection 11) of the Act, the same will also be given to provide succour to the TGT/lecturers”, noted the bench.