Rajasthan High Court Calls For 'Zero Tolerance Policy' Against Unqualified Proxy Teachers In Govt Schools, Issues Interim Directions

The Rajasthan High Court has taken serious note against the increasing issue of teacher absenteeism, and ineligible and unqualified proxy teachers in government schools of Rajasthan, wherein government employed teachers illegally appoint unemployed youths who may not even have the basis qualifications to teach, to work in their place, "playing with the future and career of the students at large".

The bench of Justice Anoop Kumar Dhand directed the Rajasthan government to launch a campaign of “Zero Tolerance Policy of Proxy Teachers” with a motto “Attendance of teachers in school is must and proxy teachers are not acceptable in any way” and have issued interim directions to be followed for implementation of the policy and campaign.

The Court was hearing a petition filed by a government teacher who submitted that while she was on leave, a fabricated FIR was filed against her under Section 420 IPC, alleging that she was using a dummy person to perform her duties in her place. Pursuant to this, she was suspended and a charge-sheet was issued against her. She had filed the petition against this order.

The Court denied interfering with the charge-sheet and observed that a writ petition did not generally lie against the charge-sheet unless it could be established that the same was issued by an authority who was not competent to initiate the disciplinary proceedings. It was held that the delinquent employee should instead submit a reply to the charge-sheet.

Observing that the respondents could not be precluded from initiating inquiry against the employee for any misconduct, the petition was dismissed by the Court.

Furthermore, the Court observed that education is a fundamental right of every citizen and thus, it was essential to not only achieve the object of “education for all” but “quality education for all.”

However, it was observed, that the rampant practice of proxy teachers in government schools was depriving children of quality education. The Court held that the practice was a "blot" on the noble profession that painted a very negative image of the education scenario and depicted a failure of the system worsening quality of education at so many levels.

“Only a great teacher can mould a great student…Teachers are often recognised as 'nation builders' for they are instrumental in shaping the citizens of future of a nation. Thus, the teachers are required to shoulder tremendous responsibility, which needs no further amplification. The quality of education imparted to the future citizens of the nation depends upon the quality of teachers, who are appointed to teach them,” Court remarked.

In this background, the Court issued a general mandamus to the Government of Rajasthan to take immediate steps to resolve the situation and to come up with solutions to stop the practice. For the interim period, the Court issued interim directions of launching the abovementioned policy and campaign, and to adopt the following measures:

• Formulating committees for impromptu inspection of government run schools on a regular basis to check for proxy teachers, and taking appropriate actions against all delinquents, after following due process of law, by filing FIRs and initiating disciplinary proceedings against them.
• Creating awareness by displaying photographs of teachers in schools so that they can be recognized and distinguished from proxies, and concerns can be raised if teachers are absent without any valid reason.
• Communicating a strong message to all school heads that they need to ensure that no practice of proxy teaching takes place in their establishment and in case of failure to follow directions, even they can be served with show cause notice along with the delinquent teachers. Strict disciplinary actions could also be taken against such head of schools including suspension or termination of service.
• Launching a website and a portal regarding establishment of a compliant mechanism for the larger public wherein compliant against proxy teachers could be made. Such portal to contain contact details of District Education Officer and the Chief Executive Officer of all the district and a toll free number as well.

Finally, along with these directions, the Court directed a compliance report to be submitted to the Court every quarter detailing the steps taken by the authorities.

Title: Manju Garg v State of Rajasthan

Citation: 2023 LiveLaw (Raj) 185

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