Excelsior Correspondent
JAMMU, June 2: High Court has quashed the circular dated January 4, 2017 by which entire teaching faculty of School Education Department was directed not to undertake any activity/assignment including teaching in private institutions or in coaching centers.
This significant order has been passed in two petitions seeking quashment of impugned circular
After hearing Senior Advocate Sunil Sethi with Advocate Veenu Gupta appearing for the petitioners, Justice Alok Aradhe observed, it is the case of the petitioners that the service conditions of the Government employees are governed by Jammu and Kashmir Government Employees (Conduct) Rules, 1971 and Rule 10 of the these Rules creates an embargo on the Government employees for undertaking any job or service beyond their working hours in the department”.
“In purported exercise of powers under Rule 10, the State Government had issued a Circular dated 11.08.2005 by which a general permission was granted to all the Government teachers to undertake tuitions with the rider that they shall not undertake the tuitions two hours before the opening of the schools and two hours after closure of the schools”, High Court further observed.
“It is evident that the State Government was not aggrieved by quashment of circular dated 11.08.2005 by the Division Bench of this court insofar as it pertains to teachers. Thereafter, the State Government issued the impugned circular dated 04.01.2017 by which complete ban has been imposed to the effect that no teaching faculty of the School Education Department shall take up any activity/assignment including teaching in private institution or coaching center”, Justice Aradhe said, adding “the circular in the considered opinion of this court is violative of the judgment dated 18.11.2011 passed by Division Bench of this court”.
“It is pertinent to mention here that Rule 10 does not enable the State Government to issue general instructions to the officials of the Education Department for imposition of such a complete ban. Therefore, the action of the State Government in imposing a general ban vide impugned circular dated 04.01.2017, which only extends to the teachers, cannot be sustained in the eye of law”, High Court said while quashing the circular.
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