Latest laws Helping good people to do good things.July 26,2017:
Apex Court Bench comprising of Justice AK Goel and Justice UU Lalit expounded that their jobs could not be regularised at cost of the Fundamental Right of the Children to free quality education by duly qualified teachers.
On Tuesday, Supreme Court quashed the appointment of 1.78 lakh “Shiksha Mitras” whose jobs were regularised as teachers in junior schools in Uttar Pradesh for not holding adequate qualifications as fixed by Centre under Right of Children to Free and Compulsory Education Act.
Supreme Court further added that they should be given opportunity to be considered for the recruitment as the teachers if they have now acquired requisite qualification.
Court has allowed State Government to continue them as the Shiksha Mitras on the same terms on which they were working prior to their absorption.
Apex Court Bench enunciated that,”It may be permissible to give some weightage to experience of Shiksha Mitras or some age relaxation may be possible, the mandatory qualifications cannot be dispensed with. Regularization of the Shiksha Mitras as teachers was not at all permissible”.
Thus Supreme Court stated that appointment of the Shiksha Mitras was not as per the qualification prescribed for a teacher and they could not be regularized as the teachers.
Shiksha mitras, who were supposed to have the minimum qualification of intermediate, were appointed in the year 1999 by State Government. They were supposed to help out villagers in getting their children enrolled in the schools and raise awareness about need for education.
In the year 2010, National Council Teachers’ Education (NCTE) ruled that only those who qualify for the Teachers’ Eligibility Test (TET) will be appointed as the teacher from primary level upwards.
However, it had given an exemption of five years to those who were already teachers.
In the year 2012, Samajwadi Party Government, however, initiated process of regularizing Shiksha Mitras.
In May 2014, Government amended teaching rules in which it was stated that Shiksha Mitras would not require to qualify TET. It then passed order announcing their assimilation as the Assistant Teachers.
