Who Will Challenge the Calcutta HC Order Cancelling 313 Teaching Jobs?
Synopsis
Key Takeaways
- Complete cease-work by teachers in GTA-run schools.
- Legal complications regarding the inclusion of the state Education Department.
- GTA's determination to challenge the court ruling.
- Importance of educational rights for children in the hills.
- Ongoing investigation by the Criminal Investigation Department (CID).
Kolkata, Dec 19 (NationPress) With a complete cessation of work by educators associated with 360 Gorkhaland Territorial Administration (GTA)-managed schools throughout the mountainous areas of Darjeeling, Kurseong, and Kalimong continuing on Friday due to a Calcutta High Court ruling that annulled the employment of 313 teachers, uncertainty has arisen regarding who will be included in the upcoming petition contesting the order.
The anticipated petition is likely to be lodged either with a higher bench of the Calcutta High Court or the Supreme Court.
On one side, the GTA plans to submit the petition after incorporating the state Education Department as a party to the case. However, insiders within the Education Department indicate there are legal obstacles to including the department as a party.
"Given that the GTA operates as an autonomous entity, it is not strictly bound by the general recruitment regulations applicable to teacher appointments in state-run schools, whether through the West Bengal School Service Commission or the West Bengal Board of Primary Education. This creates legal complications for the state government or the Education Department to be involved as a party in a petition contesting the single-judge bench ruling. Nevertheless, we are currently seeking legal counsel on this matter," disclosed a senior official at the state secretariat, speaking under condition of anonymity.
Regardless, the GTA has expressed its readiness to proceed with the petition even if the state government opts out of joining as a party.
"The GTA board initiated teacher recruitment with the understanding that the right to education constitutes a legitimate right for children in the hills. We will certainly contest the single-judge bench ruling, and we are confident of achieving justice," stated GTA spokesperson Shakti Prasad Sharma.
On Wednesday, a single-judge bench presided over by Justice Biswajit Basu ordered the annulment of the appointments for 313 teachers in GTA-run schools, citing irregularities in recruitment and deeming the appointments as illegal.
The court also instructed the Criminal Investigation Department (CID) of the West Bengal Police to persist in its investigation into the matter.
Justice Basu further mandated the immediate cessation of salaries for the 313 teachers, questioning why the state treasury should shoulder the financial burden of compensating illegally appointed teachers.
The court also raised significant concerns regarding the academic qualifications of the 313 teachers whose appointments were nullified.