MOHD ISHAQ SHAH
To establish Thomas Moor’s Utopia is a nightmare in the current scenario, but it is one of the prominent features of an ideal or democratic state to ensure the justice up to a maximum level. It has been rightly said: Give the devil his due. A state has the responsibility of providing equal opportunities to all the denizens of land otherwise it has to face the challenges of disturbance and frustration. As the Wise men say that the frustrated youth is the negation side of a democracy. A ban on said practice seems to be a good step on part of authorities and is justified to the extent that section 28 of RTE Act 2009 prohibits the said practice completely. Let’s examine and evaluate various aspects of the RTE Act 2009 and correlate them with the ground level situation in Govt. part of education sector in order to reach a logical conclusion.
‘It has also been provided in Chapter (IV) Section 28, of the RTE Act, 2009, – Prohibition of Private Tuition by Teachers that no teacher shall engage himself or herself in private tuition or private teaching activity. In spite of these, it has been observed that some members of the teaching faculty of the School Education Department are undertaking coaching assignments in private institutions and coaching centers even during school hours in violation of Rule 10 of the Jammu and Kashmir Government Employees (Conduct) Rules, 1971, as well as Chapter IV, Section 28 of the RTE Act, 2009,” the order stated. It further said that the High Court also directed the government last year to follow Rule 10 of the Employees’ Conduct Rules in letter and spirit’
The High Court in WP (C) No. 10/2021 titled Farooq Ahmed V/S UT of J&K & Ors has also directed on March 31, 2021, that the Department of Education (School and Higher Education) is directed to implement in letter and spirit Rule 10 of the Employees Conduct Rules and ensure that no member of its teaching faculty engages in private tuition at private coaching or tuition centers without prior sanction of the Government,” the order stated.
The order said that the Nodal Officers will be the Zonal Education Officers and the District Education Officers, who will ensure the implementation of Rule 10 of the Employees Conduct Rules and any circulars or instructions issued by the Government to give effect to Rule 10 of the Employees Conduct Rules. “The Government shall do well to create and provide a toll-free telephone number in each district where the complaint(s) against the banned activity of the teaching faculty could be made,” the order said. It further stated that in supersession of all earlier circulars or instructions issued on the subject, it is impressed upon all the teaching faculty of the School Education Department, J&K, to strictly adhere to the instructions as provided in Rule 10 of the Jammu and Kashmir Government .
Employees (Conduct) Rules, 1971, and Chapter IV, Section 28 of the RTE Act, 2009, and not to indulge in any private trade or practice or private tuitions. “No teaching faculty shall undertake any activity or assignment, including teaching in a private educational institution or coaching centre unless he/she obtains prior sanction from the competent authority, “it stated. The order further read that any violation in this regard shall invite disciplinary action against the delinquent officer(s) or official(s), as warranted under the rules. “The Director of School Education, Jammu and Kashmir, all Chief Education Officer(s), Zonal Education Officer(s), Principal(s) of Higher Secondary Schools, and Headmasters of all Government schools in the UT of J&K are entrusted with the responsibility of ensuring that no member of the teaching faculty of the School Education Department violates the aforementioned circular instructions and also implementing the directions of the High Court passed in WP (C) No. 10/2021 titled Farooq Ahmed V/S UT of J&K & Ors vide order dated March 31, 2021, in letter and spirit,”
Although the potential of teaching staff in govt. sector could be channelized during vacation period in the sense that they would use it for creating the content to be taught during the session following the vacation period in terms of making PPTs, Video Lectures, designing curricular framework and annual action plans and various activities as suggested by NEP 2020. But, that never happens for we are not yet so maturate with regard to national service that we may sacrifice our personal benefits for those of national interest. It is apt to say that we are wasting our time and energy by beating at the bush while indulging in such activities that are totally useless.
Doesn’t it contradict the Govt. policy to ensure quality education by depriving them of quality teachers who are inside the department and handover the innocent students to those who are untrained, unskilled and fresh university/college pass outs and do justice to the students in a state like Jammu and Kashmir where there schools remain closed almost for three months during the winters and where there almost a month of academic session is disturbed by Annual Transfer Drive (ATD). Is the govt. justified in depriving the students of full academic session despite claiming that it must encompass almost 240 days of a session. How far is the department justified in not clearing the syllabus of students of Board Classes especially who are to face the exams in March 2024. So the system seems totally a hotchpotch. Perhaps one of the sound reasons of incompatibility of our students with rest of the country is that our students never observe a full academic session and there is no regular pattern of schooling .Midsession transfers creates a vacuum in the mindset of students when all of a sudden the teaching staff is transferred from one school to another school and students have to adjust with the new teachers and vice-versa .
The second most negative aspect of such policy being that some capitalists get a chance to meddle with the noble cause of educating the young generation and the tragedy takes place in high cost coaching centers in Kashmir as well as in Jammu division. One more tragedy connected to this system is that those unprofessional businessmen loot the parents and exploit the unemployed youth who are in search of work to feed them along with continuing their studies with regard to various competitive exams. Cant the Govts policy makers think over the matter seriously and accommodate the students as well the unemployed youth inside the schools so that both the problems get resolved.
Sometimes it seems that the Govt. is imposing laws with the only intension to crush the state subjects and at the same time ironically claiming that all such steps are taken for the uplifting of public. Doesn’t it seem illogical to impose fee fixation committee rules on private schools/ coaching centers and not talking about the sad plight of private teachers while ignoring labor laws and employment benefit policies like Health Insurance, EPF and Pension and the leave provision etc for private employees.. Isn’t it the responsibility of Govt. to ensure equal pay for equal work? Why do they turn to a deaf ear at that time? So it is nothing, but to satisfy the ego of power and to pretend to be public friendly while being public enemies.
Like every other sensitive mind and humble soul I would like to put forward some modest proposals before publican s well a state which are given here under:
In order to end this problem forever, Govt. should frame such a policy that all the private schools/tuition/coaching centers are regulated by sate and the employment generation is ensured.
A regularization process is adopted and all the eligible employees be adjusted in it.
A common selection procedure for both govt. and private schools is to be implemented so that the level of education remains same and opportunities are provided to both.
A tax is imposed upon the owners of High Level Coaching Centers/Private schools and online platforms holders and that tax be invested for employment penetration.
A normal fee must be fixed so that poor section of society doesn’t fee hindrance in getting their wards admitted in private schools. A universal level of education be maintained that parents don’t feel in dilemma with regard to enrolment of their wards.
Once such tactics is adopted by the state there shall be no need of coaching centers and there will be no need to issue such orders that are relevantly irrelevant.
The author is a teacher at a Defense Academy and can be mailed at ishaq7007@ gamil.com.
