Act Against Govt Teachers Taking Private Tuitions & Other Businesses : Madras High Court

"The teaching community is concentrating to satisfy their self-needs, thereby neutralizing the duties and responsibilities. They are fighting only for their rights...But, time has come now for the Courts for emphasis the duties to be performed by these Teachers and citizen in general. Rights and duties are corresponding. When a Teacher claims a right, equally the performance of duties is to be emphasised. But, the trend is that the duties are not considered as important. Such a mind-set at no circumstances, is tolerable."

The court was deprecating the trend of teachers approaching the High Court even for transfer to a nearby place. The court also added that once they manage to get an interim order of stay, they continue staying in the same place for several years, which is detrimental to the rights of other employees and public administration.

Justice SM Subramaniam has also observed that the Teachers Associations in the state are illegally interfering in the affairs of the Education Department.

"...These Associations are hand in glove with the higher officials and with politicians and indulging in corrupt activities to achieve their goals. They are actively indulging in such illegal, irregular and corrupt activities to do favours for their members under the umbrella of protection of the Teachers' rights. Therefore, the activities of these Associations are to be monitored by the State as they are registered and recognized by the State", the court noted in the order,

The single-judge bench of Justice S.M. Subramaniam has directed the Principal Secretary to constitute Special Teams at the District level to monitor and initiate disciplinary proceedings if teachers are involving themselves in private business/ tuition centres, other part-time employments etc.

After suo motu impleading the Principal Secretary to Government( School Education Department) and Commissioner of School Education, the other directions issued by the judge included:

i) making available telephone numbers/ WhatsApp numbers for parents/ students/ general public to make complaints regarding misconduct/ illegalities perpetrated by teachers both inside and outside schools. These numbers will be displayed in all Education Department Offices and Government Schools and Government Aided Schools,

ii) Principal Secretary must issue circular/ guidelines to Education Department officials for periodical assessment of work performance/ teaching pattern/ quality of education imparted and a review as well as a corrective mechanism for improvement,

iii) The District Level Committees will be supervised by the Head of Education Department who would have the power to initiate action against them for lapse/ negligence,

iv) The Department will be free to issue administrative transfer orders in cases where teachers are found to be indulging in misconduct inside/ outside schools with reference to the Tamil Nadu Government Servants Conduct Rules, 1973 and a circular should be issued to that effect for monitoring.

v) The Principal Secretary has also been instructed to collect information/ complaints regarding activities of recognised teachers associations across Tamil Nadu and ensure that they aren't violating the provisions of the Act as well as the Service Rules.

Giving the above directions, the court has asked the respondents to file a compliance report in four weeks.

The court was hearing the plea of a secondary grade teacher whose application for transfer within the radius of 30 kms on the ground of spouse working at another place was rejected.

The court observed that the government order directing that 'spouse employed cases' are to be considered for transfer within the radius of 30 kms only stipulates that 'priority to be followed'. This would mean that it is only priority that would not confer any right so as to claim any infringement of the service conditions.

"Thus, the Government order stipulates that their case will be considered, when there is the availability of post and by considering the administrative exigencies. Mere preference or priority granted in certain guidelines cannot be construed as a right or violation of such instructions/guidelines providing concession would not provide a cause for filing a writ petition", the court underscored.

The court also noted in the order that the difference between the two places as shown in the satellite map is 18.07 kms and not over 30 kms as claimed by the petitioner teacher.

The court added that orders of transfer can be interfered with only in exceptional circumstances like an order passed without jurisdiction or allegations of mala fide are raised or where materials are available to establish that the transfer is punitive.

"The power of transfer conferred on the Government under Section 48 of the said Act [Tamil Nadu Government Servants (Conditions of Service) Act,2016] is absolute. Even sub-section (3) of Section 48 contemplates, on administrative grounds, the Government, notwithstanding the provisions of the Act or any special rules or ad-hoc rules, may issue orders of transfer on administrative grounds", the court concluded.

The court also asked the Education Department to be more cautious while issuing orders and asked them to avoid errors while granting concessions or monetary benefits to the employees. The inconsistencies in the government orders afford the teachers an opportunity to file such writ petitions and claim the benefits that they are not entitled to, the court observed.

"...Therefore, frequent vigilance enquiry, verification of asset details of the higher officials and their family members are also to be done by the Department periodically and the information about the corrupt activities of the officials must be properly investigated and enquired into by the Department with the assistance of the Vigilance and Anti-Corruption Department". the bench clarified its position.

Other Observations

The court also lamented about the deplorable conditions of State Government Schools when compared with private schools. Even though the teachers are well qualified, the court expressed its doubts regarding the quality of education imparted in government schools. The government school students should come out with a high standard of knowledge and good conduct and the education imparted to them must be on par with private schools, the court noted.

In other parts of the world, government schools are considered the best whereas here the government schools have been lagging much behind private schools despite spending huge funds for their development, the judge noted. The judge also added that the education department is answerable to the taxpayers about the money spent on these institutions.

"This part-time employment out of tuition classes and business amongst the Teachers are spreading like cancer as they develop greediness for the purpose of earning more money. In the event of allowing such misconducts, undoubtedly, the Government cannot expect better performance of the duties and devotion to duty from the Teachers", the court observed.

Censuring the practice of school teachers taking private tuition classes during holidays and free time, the court pointed out that Rule 8 of the Tamil Nadu Government Servants Conduct Rules, 1973 prohibits private trade or employment by Government servants. Rule 8 (1) [aa] stipulates that the servants should not undertake any part-time employment.

"...thus, in the event of any complaint or information from the parents of the students or general public or from any person, the Authority competent is bound to initiate disciplinary proceedings against such Teachers by invoking the provisions of Discipline and Appeal Rules. It is needless to state that such actions are to be initiated in respect of the Teachers, who all are working in Private Aided Schools and receiving Government salary. The Teachers, who all are receiving Government salary and working in Aided Schools are also responsible and accountable to the public at large", it was noted by Justice SM Subramaniam.

Case Title: K. Radha v. The Chief Educational Officer & Ors.

Case No: W.P.(MD) No.3304 of 2022 & W.M.P.(MD) Nos.2903 & 2904 of 202

Citation: 2022 LiveLaw (Mad) 81

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