2026 Supreme(SC) 127

SUPREME COURT OF INDIA
PANKAJ MITHAL, PRASANNA B. VARALE, JJ.
U.P. Junior High School Council Instructor Welfare Association – Appellant
Versus
State of Uttar Pradesh and Others – Respondents
Civil Appeal No. 758 of 2026 [Arising Out of S.L.P. (C) No. 9459 of 2023]
WITH
State of Uttar Pradesh and Others – Appellant
Versus
Anurag and Others – Respondents
Civil Appeal No. 759 of 2026 [Arising Out of S.L.P. (C) Nos. 1744-1749 of 2026]
WITH
Anurag and Another – Appellant
Versus
State of U.P. and Others – Respondents
Civil Appeal No. 765-768 of 2026 [Arising Out of S.L.P. (C) Nos. 3331-3334 of 2024]
Decided On : 04-02-2026

IMPORTANT POINTS
(1) Part-time contractual instructors/teachers appointed by State Government under the Scheme are in no way inferior to regular teachers or Assistant Teachers appointed otherwise under the scheme.
(2) Once these instructors/teachers have undergone process of selection under the scheme regardless of fact that there existed a post, their appointments have to be treated as substantive in character.
(3) Writ Jurisdiction – Alternative remedy – Existence of alternative remedy under a statutory scheme does not operate as absolute bar to exercise of writ jurisdiction under Article 226 of Constitution.
(4) Teachers command highest respect in society and are revered/worshipful as Gods – We must accord highest regard and respect to our teachers at all levels, especially Primary Teachers.

Headnote:

(A) Right of Children to Free and Compulsory Education Act, 2009 – Section 7 – Constitution of India – Article 21-A – Payment of honorarium to part-time contractual instructors/teachers of Upper Primary Schools in State of Uttar Pradesh – All instructors/teachers possessed minimum qualifications and fulfilled eligibility conditions for appointment as part-time contractual instructors/teachers – They were duly selected and were appointed in various Upper Primary Schools of State pursuant to advertisement dated 25.02.2013 – They are all continuing to function as such ever since their appointment in year 2013/2014 – Service contract provided that they will be paid fixed honorarium of Rs.7,000/- per month by Zila Basic Shiksha Adhikari and that period of their employment would only be eleven months subject to renewal but is silent about honorarium on renewal of term – Part-time contractual instructors/teachers appointed by State Government under the Scheme are in no way inferior to regular teachers or Assistant Teachers appointed otherwise under the scheme – They are instructors/teachers who actually work full time like any other teacher and cannot even take up any other work during their spare time – In fact, they are whole time teachers – Nomenclature used to describe Instructors/Teachers as part time contractual teachers is completely deceptive – Appointments of these Instructors/Teachers are more or less of a permanent nature and against a post which is deemed to have been created substantively – Practice of engaging employees on ad hoc, temporary, part time, contractual or as guest ought to be avoided and Government should strictly adhere to proper procedure for regular recruitment. (Paras 15, 16, 40, 41, 42, 43 and 44)

(B) Right of Children to Free and Compulsory Education Act, 2009 – Section 7 – Constitution of India – Article 23 – Payment of honorarium to part-time contractual instructors/teachers of Upper Primary Schools in State of Uttar Pradesh – All appointments of instructors/teachers were made by following procedure prescribed under the scheme pursuant to proper advertisement – Once these instructors/teachers have undergone process of selection under the scheme regardless of fact that there existed a post, their appointments have to be treated as substantive in character – Business of calling such instructors/teachers as ad hoc appointees or temporary appointees or part-time or contractual appointees is altogether a misnomer and is not at all appropriate – They were appointed on a fixed honorarium of Rs. 7,000/- per month way back in year 2013-14 but that fixed honorarium was only for a period of 11 months or for renewed period thereafter but was not applicable for their extended term on expiry of contracted period – Any policy decision of Government permanently fixing honorarium of instructors/teachers for all times to come, cannot be justified and approved of as periodical revision depending upon price rise, cost of living and other host of factors – It is always permissible to revise honorarium once fixed, not only in case of instructors/teachers but also in employment of workers/labourers – Honorarium cannot remain stagnant for all times to come – Unilateral reduction of already low renumeration has placed these part time instructors/teachers in place of economic vulnerability – This is inconsistent with spirit of Article 23 of Constitution which prohibits all forms of forced labour – State, under guise of contractual management or financial constraint, cannot compel labours/teachers to such coercive circumstances – Honorarium fixed for these instructors/teachers under the contract cannot remain stagnant and is revisable suitably on periodical basis and if once revised and increased cannot be reduced for subsequent periods. (Paras 45, 46, 48, 49, 53, 55, 56 and 57)

(C) Right of Children to Free and Compulsory Education Act, 2009 – Section 7 – Right of Children to Free and Compulsory Education Rules, 2010 – Rule 20 – Payment of honorarium to part-time contractual instructors/teachers of Upper Primary Schools in State of Uttar Pradesh – Instructors/teachers appointed under the scheme have to be at par with other instructors/teachers and they have to perform not only academic duties but certain other non-educational duties as well – Project Approval Board[PAB] had determined honorarium of Rs.17,000/- per month for year 2017-18 but this was not implemented – In all earnest, instructors/teachers appointed under scheme became entitled for payment of honorarium at the rate of Rs.17,000/- per month for year 2017-18 and thereafter, till it is suitably revised by PAB – Since PAB for year 2017-18 had determined honorarium to be Rs.17,000/- per month, all instructors/teachers appointed under the scheme are entitled for payment of same at the above rate of Rs.17,000/- per month with effect from 2017-18 till further revision takes place – State Government shall start paying honorarium to them at the rate of Rs. 17,000/- per month w.e.f. 01.04.2026 and arrears of which shall be paid to them by State Government within a period of six months from today – State Government may recover contribution of Central Government from Union of India. (Paras 67, 70, 71 and 72)

(D) Constitution of India – Article 226 – Writ Jurisdiction – Alternative remedy – Existence of alternative remedy under a statutory scheme does not operate as absolute bar to exercise of writ jurisdiction under Article 226 of Constitution – This is particularly so in cases where writ petition has already been entertained by Court, pleadings have been completed, and matter has been adjudicated on merits – In such circumstances, relegating parties to an alternative forum would defeat ends of justice and render prior proceedings redundant – Rule of exclusion of writ jurisdiction on account of availability of alternative remedy is one of prudence and self-restraint, not of compulsion – Where facts so justify, Court retains full discretion to entertain and decide writ petition notwithstanding availability of alternative remedy. (Paras 29 and 30)

(E) Constitution of India – Article 21-A – Position/status accorded to teachers in Indian society – Larger narrative of nation-building, energy, idealism, and strength of youth are rightly recognised as driving force of progress – Yet, this raw potential requires direction, and it is teacher who shapes it into a constructive and purposeful force – True foundation of a strong nation does not lie merely in size of its young population, but in character and values of its citizens – It is here that teacher emerges as the most crucial catalyst – Real meaning of nation- building lies in shaping character and refining personality – While parents bear primary responsibility of nurturing values, teachers play an equally vital and decisive role – They engage with young minds during their most formative years and, in doing so, profoundly influence attitudes, conduct, and ideals – When parents and teachers work together to instill discipline, moral values, and social responsibility, foundations of a stable and principled nation are laid – Teacher stands in place of Sun – With a teacher’s guidance, a student is never truly lost – Teacher’s wisdom and values remain as a constant source of strength and direction, enabling the student to overcome ignorance and move towards understanding, just as dawn dispels darkness of night – Teacher is a divine channel and not merely an Instructor who acts as a guiding force in nurturing insight and enlightening thoughts – He is a divine trinity – Teachers command highest respect in society and are revered/worshipful as Gods – We must accord highest regard and respect to our teachers at all levels, especially Primary Teachers – They have to be compensated for their work most suitably – No honorarium would be enough to compensate services rendered by our teachers. (Paras 32 to 38)

Facts of the case:

Central issue in the present appeals is about the honorarium payable to part time contractual instructors/teachers of Upper Primary Schools in State of Uttar Pradesh and whether fixed honorarium payable to them under the initial contract is revisable from time to time.

Findings of Court:

State Government shall take into account not only sums provided by Central Government to State Government but also its other resources and shall be responsible to provide funds for the implementation of provisions of the Act. Therefore, an onerous duty has been cast upon State Government to implement provisions of the Act vis-à-vis payment of honorarium to instructors/teachers.

Result : Civil Appeals filed by Welfare Association and Teachers respectively allowed whereas Civil Appeals filed by State of U.P. & Ors. dismissed.