Memories fade with time, and lessons are forgotten, but experiences shape a human being and leave a lasting mark. Teachers are the persons who have a privilege of guiding our children shaping their experiences and discoveries. There is a Chinese proverb which says “If you are planning for a year, sow rice; if you are planning for a decade, plant trees; if you are planning for a lifetime, educate people.” Every philosopher and scholar has given stress on acquiring knowledge and education. Even our religious literature as well keeps us guiding about education.
The teachers are the learned people who have command over their subjects. They keep learning through their life and this makes them fully skilled and updated. A teacher makes the world a better place by hand holding our children and making them grow, but the way our society is treating the teachers, especially those working in private schools, I believe we need to introspect over it. I have been observing that private school teachers are so demoralized that many of them suffer from depression and this is not at all good for our educational system to flourish. How can such people become role models for our children ?
Delhi High Court order
Delhi High Court last year dismissed an appeal filed against the judgement dated 14th December, 2021, wherein the writ petition filed by three teachers seeking payment of 7th Central Pay Commission has been allowed and held that teachers of unaided private schools are entitled to the same pay and emoluments as those of government schools, in terms of the obligation enjoined upon the private recognized schools under the Delhi Schools Education Act -DSE Act, 1973. The schools cannot evade their statutory responsibility and are bound to pay the statutory dues, said the order of the high court.
The Directorate of Education (DOE) Delhi Govt issued a notification on October 17, 2017, requesting that all private recognised schools adopt the recommendations of the 7th Pay Commission. As private schools failed to comply with the orders a writ petition was filed by some aggrieved teachers. The High Court observed that respondents were entitled to arrears of their benefits/salaries beginning on January 1, 2016, and also required the school to give them in accordance with the 7th pay commission rules.
The Delhi High court held that the writ petition filed by the three teachers was maintainable as it involves a public law element, inasmuch as, the original writ petitioners were seeking the implementation of Section 10(1) of the Delhi School Education Act, 1973 (DSE Act, 1973) which reads as :
“The scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of the employees of a recognised private school shall not be less than those of the employees of the corresponding status in schools run by the appropriate authority “
This Court further believes that, given the recurrent nature of the claim, the writ petition submitted by the original writ petitioners is not precluded by laches or delay.
Karnataka Govt’s Rules
In Karnataka there is a general rule that teachers of unaided private schools are to be paid and provided benefits at par with government school teachers. This is substantiated by Rule 3(1)(b) of Karnataka Educational Institutions (Certain terms and conditions of service of employees in Private unaided Primary and Secondary and Pre-University educational institutions) Rules, 2005 . A circular issued by the Department of Public Instruction, Karnataka, based on the above rules has said that failure to adhere to this will result in penalty. However, no specification on the type or quantum of penalty has been provided.
On the basis of the Right to Education (RTE) Act, the Department of Public Instructions (DPI) of Karnataka, in April 2019 has stated that all private schools must pay a minimum monthly salary of Rs 25,800/- to primary school teachers, Rs 33,450/- to high school teachers, Rs 27,650/- and Rs 21,400/- to first and second division clerks respectively, and Rs 17,000/- for cleaning and maintenance employees.
Pvt School teachers need recognition and respect
It is a known fact that private schools in Kashmir have gone through various odds and suffered losses during last many years. Things are moving in the right direction in the education sector for the last 2 years. I believe those private schools who have good earnings should pay decent salaries to their staff, especially the qualified, hardworking and brilliant teachers. The Govt must also recognize the services of private school teachers as they too should be considered for the state awards every year.
A casual labourer working in PHE or Power Department gets Rs 9000 per month and on the other hand a PhD or MSc with NET is paid mere Rs 8000 per month in a private school. This trend must end and those schools who are involved in these acts should be taken to task. At the same time Govt must also not interfere much into the affairs of private schools. I have been told that some officials in the Zonal Educational Offices , Chief Education Offices harass and humiliate private school managements and demand unnecessary NoCs which otherwise are not produced by their own Govt run schools.
Conclusion
Those private school teachers who have qualified the National Eligibility Test (NET) conducted by the University Grants Commission-UGC through the National Testing Agency should be paid a good salary at least not less than Rs 25000 PM. The J&K Govt must issue guidelines about it at least. It is really unfortunate that many private school teachers are paid meagre salaries and they are not even covered under the Minimum Wages Act ? Some years back BJP Member of Parliament Rahul Kaswan had introduced a private members bill in Lok Sabha which aimed at providing for payment of minimum wages to private school teachers by school managements and for matters connected therewith. The bill could not be passed.
The JK administration headed by Lt Governor Mr Manoj Sinha can also explore coming up with a law on the pattern of DSE Act 1973 . The J&K Govt must also support the private educational sector in J&K. There are very few Govt aided private schools in J&K while as we have thousands of such schools in Madhya Pradesh, Karnataka, Gujarat, Gujarat, Maharashtra or Rajasthan. When the Govt claims that post article 370 abrogation, all the citizens in states including J&K are entitled to get equal rights and opportunities, the Govt of India must also support private schools in J&K. In the first phase at least 30 to 40 private institutions can be supported by J&K Govt wherein the salaries of the teachers will be provided by Govt. Teaching is the one profession that creates all other professions. Confucius says : Education breeds confidence , confidence breeds hope and hope breeds peace. This makes it clear that teachers are our hope and we need to safeguard their interests as well.
Dr Raja Muzaffar Bhat is an Acumen Fellow. He is Founder and Chairman of Jammu & Kashmir RTI Movement