The Madras High Court has lambasted the State Education Department and voiced serious concern on the quality of education imparted while also scorning Govt School Teachers who provide Private Tuitions.
The single-judge bench of Justice SM Subramaniam in a slew of directions for proper implementation of Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and Service Rules has asked the Govt to oversee that the same aren't getting flouted.
In a writ petition filed by one Teacher seeking transfer, the Court noted that Public Servants are claiming transfer as a matter of right, despite the fact that the Government issued instructions/guidelines providing certain concessions and facilities to accommodate them for efficient public administration.
Even the Government order issued stipulates that “the priority to be followed”, thus, it is only priority which would not confer any right so as to claim any infringement of the service conditions.
"The Government order stipulates that their case will be considered, when there is availability of post and by considering the administrative exigencies. Mere preference or priority granted in certain guidelines cannot be construed as a right or violation of such instructions/guidelines providing concession would not provide a cause for filing a writ petition. Certain concessions or priority or facilities are granted to the employees. Therefore, the same cannot be a ground for seeking an order of direction from the High Court to transfer an employee within the radius of 30 kms or otherwise."
Remarking that personal grievance of the petitioner cannot be considered by the High Court in a writ proceedings, the Court denied her the relief.
"No relief of such nature can be considered on misplaced sympathy. In the event of granting such relief on misplaced sympathy, the High Court is equally bound to consider the plight of other employees, who are similarly placed. Whenever a relief is granted, the Courts are bound to take into consideration the possibility of arising grievances of other set of employees. A balancing approach in this regard is certainly warranted. However, it is not as if the High Court can grant priority to accommodate the employee in a particular post or decide the day-to-day administration of the Department in a writ proceedings."
Additionally, the Court opined that day-to-day administration of the Government vests with the executives.
"The day-to-day administration are to be effectively monitored and regulated by the competent Authorities. Courts are not expected to interfere with the day-to-day administration of the Government Departments. No doubt, on exceptional circumstances, the Courts can entertain writ petitions, where an order of transfer is under challenge on certain limited grounds. If any order of transfer has been passed without jurisdiction or allegations of mala fide are raised or in certain exceptional circumstances, where materials are available to establish that the transfer is punitive, then the Courts can interfere, in order to mitigate the exceptional circumstances advanced. However, the scope of interference is undoubtedly limited and in the event of frequent interference by the Constitutional Courts in the matter of administrative transfer, the executives may not be in a position to run the administration in a smooth manner."
The Court also reflected on the fact that a large number of writ petitions are filed challenging the orders of transfer and posting and in the event of granting interim orders, the litigants are taking undue advantage of such interim orders and continuing in the same post for several years, depriving the rights of the other similarly placed employees from getting an opportunity to work in a particular post or place.
"Interference by the High Court in the routine administration of the Government Departments may cause inconvenience and also deprive the other employees to get opportunity to work in a particular post and place. Thus, consideration of all mitigating factors and the rights of the employees on transfer with reference to the Act and service conditions are all paramount important for deciding the scope of writ petitions challenging the orders of transfer and posting. This exactly is the reason, the Constitutional Courts across the country, ruled that High Courts cannot interfere with the day-today administration of the Government Departments, thereby depriving the competent Authorities from exercising their lawful power conferred under the Act and Service Rules for the purpose of maintenance of an efficient and effective public administration, which is the constitutional mandate."
The Court also stated how large number of writ petitions are filed merely based on certain Government Instructions / Guidelines / Orders because of erroneous Government Orders which results in financial benefits being granted to the Teachers. The Court was frustrated with the fact that based on such Government Orders, batches of writ petitions were filed and huge financial implications were created for the State exchequer unnecessarily and more specifically, on erroneous basis.
"The Courts are correcting those errors and mistakes then and there. However, the irregularities prevailing in the Education Department are to be seriously looked into and the erring higher officials are to be prosecuted for the financial loss and the administrative inconveniences caused to the Department. Thus, the Education Department is expected to be more cautious, while issuing orders conferring certain concessions or facilities or granting monetary benefits. Inconsistencies on the part of the subordinate officials are creating anomaly, which provide unnecessary scope for the Teachers to file writ petitions and get the benefits."
The Court raised the question as to whether the Teachers in the Government Schools in majority are imparting competitive education to the students, who hail from poor and middle class?
It analysed that no doubt, these Teachers are well-qualified and appointed to teach the students in the Government Schools. But, unfortunately, the students, who studied in the Government Schools are not coming out with an expected level of standard on par with the students coming out from their counterparts studying in the Private Schools.
In view of above, the Court asked the Government to review the duties and responsibilities performed by the Teachers in the Government Schools, scrutinize the reasons for their slackness and ensure that they impart education on par with the Private.
It was particularly pissed at the unfortunate situation of Teachers largely indulging in taking private tuition classes, doing business or part-time employment etc. and ordered for stoppage of such misconducts and offences.
The directions issued with regard to the above:
Read Order Here:
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