29 April 2024 Education >> Miscellaneous  

A minority school in India recently lost an appeal regarding a vocational instructor position. The school wanted to appoint a new instructor for computer science, but the government blocked the move due to a lack of proper authorization.

Background:

The dispute arose when a teacher retired from the school's commerce and accountancy program. The school, however, sought to fill the vacancy with a computer science instructor instead. The government, upon learning of this, directed the school to surrender the vacant position altogether. The school argued that they needed a vocational instructor for the existing computer science program. They also cited the Right of Children to Free and Compulsory Education Act (RTE Act) as justification for their decision.

Government Counters with Regulation Violation:

The government countered by stating that the school did not have a sanctioned post for a computer science vocational instructor. They pointed to a government order (G.O.Ms.No.9) that prohibits schools from starting new vocational courses or appointing new instructors without prior permission. The government argued that the school had violated this order by starting a computer science program without authorization and then attempting to appoint an instructor for it.

Conclusion:

The court ultimately sided with the government. The judges acknowledged the RTE Act but clarified that it doesn't apply to higher secondary schools (where vocational courses are offered) or minority institutions. They further highlighted the school's violation of G.O.Ms.No.9 and stressed the importance of following proper procedures for adding new programs and instructors. This case serves as a reminder for schools, particularly minority institutions, to adhere to government regulations regarding vocational programs and instructor appointments. The decision emphasizes the need for proper authorization before starting new courses or hiring instructors for them.

  Right of Children to Free and Compulsory Education Act, 2009