Excelsior Correspondent
Srinagar, Aug 3: The Jammu and Kashmir High Court has directed for closure of the majority of the Elementary Teachers Training (ETT) Institutes in the State as there is mushroom growth of these Institutes with their number 517 and intake capacity at 80, 000.
The Court has asked Government and State Board of School Education to constitute two committees of three high ranking serving or retired officers including a renowned educationist and a retired judicial officer for Jammu and Kashmir divisions, recommending closure of Elementary Teachers Training (ETT) Institutes.
A division bench comprising Chief Justice M M Kumar and Justice Hasnain Massodi directed the committees to inspect all the ETT Institutes of the State and submit their report within twelve weeks from the date they are constituted.
Court said: “The State Government, as already pointed out, has allowed 437 ETT Institutes with intake capacity of 70,000 candidates in Jammu Division. The number of such Institutes in Kashmir Division is more than 80 with intake capacity of another 10,000 candidates. As against intake capacity of 70,000 candidates, only 23645 candidates applied for admission to ETT Course for Academic Session 2011-2013 and only 9811 candidates participated in the counseling. The candidates participated in counseling refused to get enrolled in 240 ETT Institutes. Therefore, while 257 Institutes got students at an average of 33 candidates per Institute, the rest of the Institutes did not get even a single candidate. Had cost- benefit analysis been made by the promoters of ETT Institutes and necessary study made by the State Government as well, it would not have allowed ETT Institutes three times the required number to be set up in the State.”
The committees, court said, shall also suggest the number of such institutes as may be allowed to operate during next 20 years subject to periodical review.
Besides, it directed Government and the Board to desist from according any permission to set up new ETT Institutes in the State, at least till the Committee submits its recommendation.
It also directed Government to initiate process for cancellation or withdrawal of recognition or affiliation of such ETT Institutes as may be recommended by the Committee after providing them an opportunity to put forth their stand.
The bench further directed government to examine feasibility of transfer of ETT Institutes from J&K Board of School Education to J&K Board of Technical Education and incorporate necessary amendments in the applicable law, rules and regulations that at present make it necessary for ETT Institutes to have an affiliation with J&K Board of School Education.
Lastly, the court asked Government to give a fresh look to the eligibility criteria i.e. 45% in general category and 40% for reserved categories so that only meritorious candidates get admissions to such Courses and thereafter shoulder the responsibility of imparting education to the students at pre primary, primary and post primary level.
The Division Bench passed the directions while upholding its single bench judgment, dismissing eight writ petitions by ETT colleges and students.
“There is no disagreement on the facts. It is admitted case of the parties that 12476 students admitted by appellant Institution, did not go through prescribed procedure and did not participate in selection process undertaken by the Centralized Admission Committee,” the bench observed, upholding the single bench judgment.
The outcome of LPAs (appeals) on hand is likely to expose 12476 candidates to inconvenience and monetary loss, attributable directly to the omissions and commissions on part of the appellant ETT Institutes, the court said.
“In the first place, the Institutes must have received fee from the candidates admitted in violation of procedure and in disregard of cut-off date. Secondly, candidates have suffered loss of at-least one academic year. Had the appellant ETT Institutes not tempted the candidates with their offer of admission in academic session 2011-2013, they would have sought admission elsewhere or made fruitful use of the time resources available to them,” the court said.
The candidates, it said, cannot be left high and dry and forced to go for second round of litigation to recover whatever has been paid by them.
“So viewed, the appellant ETT Institutes are directed to return whatever fee charged from 12476 candidates, within four weeks from the date of this judgment.
The Court said: “It would have been appropriate to ask the appellant Institutes to pay a further amount to the candidates to compensate them for the time wasted at their instance. However, as the ETT Institutes are already in financial crises due to their failure to attract candidates up to their intake capacity, such a direction may further deteriorate their financial health.”
Before parting with the judgment, the court expressed anguish over rampant academic indiscipline in grant of recognition to private education Institutes by the State Government, and grant of affiliation by the University of Kashmir, University of Jammu and Jammu and Kashmir Board of School Education to such Institutes and thereafter in making admissions to the courses run by such Institutes.
“If voluminous litigation is any indicator, disregard of rules plagues Institutes imparting education and training in all the disciplines, be it Para-Medical, Nursing, Indian System of Medicine or Teacher Training Courses etc. In the first place, the State Government allows private education/training Institutes to be set up without making any study/survey after regular intervals to find out the actual need to have such Institutes so that there is some kind of relationship between the expected number of candidates and the Institutes proposed to be set up. Resultantly, there is mushroom growth of private Institutes in particular subject area and after the promoters take necessary initiative and brave procedural wrangles and official red-tapism, set up Institutes they do not find candidates upto their intake capacity.”
“What can be a better example of administrative insensitivity than the plight of the ETT Institutes”, the court said?
The other dimension of academic indiscipline, it said, is non-adherence to the admission calendar or schedule by the State Government and the Board.
In the 20-page judgment, the court has also made strong observations, stressing on the importance of education and role of teachers.
“He who opens a school door, closes a prison gate” is an old adage, the court said, observing that Education helps one to shape up into a responsible and law abiding individual, ready to make fruitful contribution to the society.
“Educating an individual has positive spillover for whole society; because what is society expect a group of individuals. It is therefore rightly called the movement from darkness to light, an ornament in prosperity and a refuge in adversity. Education is also a means to empower downtrodden, marginalized and deprived sections of society.”
When importance of education is highlighted, court said, attention necessarily goes to teacher saddled with responsibility to educate students, in particular, at an impressionable age.
“It is teacher at primary and middle level who is better placed to inculcate values held dear by the society in the students and help them develop a rational and scientific attitude free from prejudice in all its manifestations. It has been said, that ‘a teacher affects eternity, he can never tell where his influence stops’.”
It is therefore necessary, court said, that teacher must be well trained, well oriented and with the aptitude for the task, he is to perform.
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