Many pvt schools appointing ineligible teachers on lower salary: School Tribunal

The Delhi School Tribunal has observed that a large number of private recognised schools were appointing ineligible teachers on lower salaries, violating the fundamental rights of students.

The tribunal further asked the Directorate of Education (DoE) to conduct regular inspections to prevent such unfair practices or ''back door entry'' of unqualified teachers.

Presiding officer Satinder Kumar Gautam was hearing the appeal of a teacher against her dismissal.

In an order dated December 2, the tribunal dismissed the appeal after noting the teacher, a diploma holder, did not possess the requisite qualifications for being appointed as a trained graduate teacher.

Noting the evidence before it, the tribunal observed, ''Time and again it is discussed (and) it is common knowledge that a large number of schools appoint teachers who do not fulfil eligibility criteria and requisite qualifications, (and the teachers) become ready to accept the employment at the lower salary, in violation of Delhi School Education Act and Rules (DSEAR).'' It said with time, the relationship between the schools and unqualified teachers became strained and then they were removed on the grounds of being ineligible.

''This (has) affected our education system and the fundamental rights of the children who are studying in the school… The provisions of DSEAR do not permit the appointment of people who do not fulfil the eligibility conditions, however, such appointments are still being made,'' the tribunal said.

It said one of the reasons for such malpractice was the lack of timely action by the DOE against the erring schools.

''DoE has to make all endeavours to have continued supervision and carry out regular inspection as no unfair practice, back door entry or ...malpractices happen,'' it added.

The body further observed in the present case there was no evidence to show that the DoE inspected the school in question.

''Hence, DoE be directed through this judgment to carry out regular inspection of the private recognised schools as per the spirit and constitution of DSEAR,'' directed the tribunal.

While rejecting the plea of the aggrieved teacher for reinstatement, it observed, ''A person who seeks equity must act in a fair and equitable manner… Equity jurisdiction cannot be exercised in the case of a person who got the appointment on the basis of an unqualified and contrary to the recruitment rules by back door entry.'' The tribunal said sympathy and equitable consideration could not come to her rescue.

It said, ''Equity or compassion cannot be allowed to bend the arms of law in a case where an individual acquires a status by practising fraud.''

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