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This is an archive article published on October 21, 2012

Minority schools can sack teachers minus govt nod

The managements of minority secondary schools in UP can now sack their teachers without seeking approval from the Education Department,according to an order issued by the state government.

The managements of minority secondary schools in UP can now sack their teachers without seeking approval from the Education Department,according to an order issued by the state government.

In the past,approval from the district inspector of schools was required before terminating the services of teachers in recognised and aided non-government schools run by minorities.

Chief Minister Akhilesh Yadav is also the Minister of Secondary Education.

The order,issued on Wednesday,says the decision had been taken in the light of a Supreme Court judgment dated March 30,2001,in the case of Committee of Management,St John’s Inter College versus Girdhari Singh.

Teachers of secondary schools are governed by the UP Intermediate Education Act,1921. Section 16-G (3) (a) of the Act says that no principal,headmaster or teacher may be discharged or removed or dismissed from service or reduced in rank or subject to any diminution in emoluments,or served notice of termination of service except with the prior approval in writing of the inspector.

Sub-section (b) mentions that the inspector may approve or disapprove or reduce or enhance the punishment or approve or disapprove of the notice for termination of service proposed by the management.

On September 26,1997,the Secondary Education Department issued a specific government order with the title “security of service of teachers in minority schools”,which stated that since minority educational institutes take recognition and financial aid from the government,Section 16-G (3) (a) of the UP Intermediate Education Act,1921 will be applicable to them.

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The UP Secondary Teachers Association has criticised the change. The association’s state secretary R P Mishra termed it unfair and said it would lead to exploitation of teachers. “This was not expected of the Akhilesh government,which claims to be pro-minority. Now,teachers in minority schools will be at the mercy of managements,” Mishra stated.

When told that the government claimed to have issued the order in the light of an apex court judgment,Mishra said: “They were sitting on the judgment for the past 11 years. Now,they have issued the order to benefit certain persons. We will lodge a strong protest. A meeting of teachers schools will be called soon and we will expose the corrupt school managements,” Mishra said.

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