Model code of conduct not applicable for appointment of teachers, employee: HC

The Allahabad High Court has held that there is no provision under the model code of conduct prohibiting educational institutions from appointing teachers or employees. The judgment was passed by Justice Prakash Padia allowing the writ petition filed by Nisha Sharma who was denied appointment by the Basic Shiksha Adhikari (BSA), Ghaziabad, despite her selection as assistant teacher in a primary school, on the grounds that the model code of conduct was in force due to Lok Sabha elections.

Appearing on behalf of the petitioner, advocate Mahesh Sharma submitted before the court that she was selected as assistant teacher and was issued an appointment letter by the management of the school. However, the BSA later told the Ghaziabad resident that her joining had been put on hold as the model code of conduct had come into force.

Allowing the petition, the court was of the view that there is no provision prohibiting educational institutions from appointing teachers and thus the BSA order was quashed while directing the officer to pass a fresh order regarding joining of petitioner as per law, within ten days.

(With inputs from agencies.)