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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENKATESWARLU NIMMAGADDA, J.
K.B. R. P. Jyotsna, D/o. Chandrasekhar and Ors. – Petitioners
Versus
Union Of India, Rep by its Secretary, The Ministry of Human Resources Development and Ors. – Respondents
Writ Petition No. 15245 Of 2023
Decided On : 05-12-2023
ILLEGAL TERMINATION - EDUCATION - [Clause 6, Clause 7, Articles 14, 21 of the Constitution of India] - The court found that the termination of the petitioners' services without notice was illegal and arbitrary, violating principles of natural justice and fairness. The court also highlighted the discrimination against the petitioners and the violation of Articles 14 and 21 of the Constitution of India. The court directed the State Government to promptly fill existing vacancies and allow ad-hoc teachers to continue in their roles until the vacancies are properly filled. The State Government was also directed to review the cases of ad-hoc teachers who may be entitled to regular appointments and provide them with appropriate decisions. Additionally, the court disapproved of the State Government's policy of denying salary and allowances to ad-hoc teachers during the summer vacation period and ordered that such teachers should receive their salary and allowances for the duration of the summer vacation.
Fact of the Case:
The petitioners, Part-Time Post Graduate Teachers (PGTs) teaching Telugu and English, were abruptly terminated from their services without notice by the respondents. The respondents had issued a notification for the recruitment of female candidates to fill-up vacant teaching positions, including PGTs, and did not include positions for Telugu subject faculty, leading to the termination of the petitioners' services. The petitioners challenged the termination in the writ petition.
Finding of the Court:
The court found that the termination of the petitioners' services without notice was illegal and arbitrary, violating principles of natural justice and fairness. The court also highlighted the discrimination against the petitioners and the violation of Articles 14 and 21 of the Constitution of India. The court directed the State Government to promptly fill existing vacancies and allow ad-hoc teachers to continue in their roles until the vacancies are properly filled. The State Government was also directed to review the cases of ad-hoc teachers who may be entitled to regular appointments and provide them with appropriate decisions. Additionally, the court disapproved of the State Government's policy of denying salary and allowances to ad-hoc teachers during the summer vacation period and ordered that such teachers should receive their salary and allowances for the duration of the summer vacation.
Issues: The main issues revolved around the abrupt termination of the petitioners' services without notice, the discrimination against the petitioners, and the violation of Articles 14 and 21 of the Constitution of India. The court also addressed the State Government's policy of denying salary and allowances to ad-hoc teachers during the summer vacation period.
Ratio Decidendi: The court held that the termination of the petitioners' services without notice was illegal and arbitrary, violating principles of natural justice and fairness. The court also directed the State Government to promptly fill existing vacancies and allow ad-hoc teachers to continue in their roles until the vacancies are properly filled. The State Government was also directed to review the cases of ad-hoc teachers who may be entitled to regular appointments and provide them with appropriate decisions. Additionally, the court disapproved of the State Government's policy of denying salary and allowances to ad-hoc teachers during the summer vacation period and ordered that such teachers should receive their salary and allowances for the duration of the summer vacation.
Final Decision: The court declared the termination of the petitioners' services as illegal and arbitrary, directed the respondents to continue the services of the petitioners, and ordered the respondents to consider the entitlement of the petitioners even after the completion of the agreement after the academic year 2023-2024, as long as the said scheme is in existence. The court also allowed the writ petition with the specified directions and closed any pending miscellaneous applications.
ORDER :
1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:
“declaring the highhanded action on the part of the respondents 5 to 110 in attempting to discontinue or disrupt the services of the petitioners i.e. PGTs teaching Telugu and English contrary to the object in establishing the Kasturiba Gandhi Balika Vidyala during the intervening night of 11thand 12th June 2023 on the basis of oral instructions of the said respondents as illegal arbitrary unceremonious unfair contrary to the procedure established under law violation of principles of natural Justice Opposing the terms and conditions enumerated in the Contract of Employment entered in between Petitioners and their respective Schools Project Officers/respondents violation of Articles 14 191g 21 of the Constitution of India and consequently direct the respondents 5 to 110 to absorb the petitioners services into the regular basis at the place of Schools where they all are engaged and working for all these years by providing all the service benefits thereof coupled with payment of salaries regularly to all the petitioners”.
2. The facts of the case in brief are that:
3. The Kasturiba Gandhi Balika Vidyalas (KGBV) were initially established as part of a government scheme in August 2004. The object of these Vidyalayas was to create residential schools at the upper primary level, primarily for catering educational needs to girls from marginalized communities, including SC, ST, OBC, and Minorities, across various regions. Subsequently, the scope of KGBV was extended to the intermediate level. Funding for KGBVs was provided jointly by both the State and Central Governments. Later, a separate initiative called Sarvasiksha Abhyan (SSA) was launched, beginning on 01.04.2007. This led to the merger of KGBVs into the SSA program, making KGBV a component of SSA.
4. In a significant development, the State Government issued G.O.Ms.No.37 School Education (Prog.II) Department dated 04.06.2019, upgrading 140 KGBVs from the upper primary level to junior colleges, starting with the intermediate course. With the expansion of classes upto the intermediate level, additional teaching staff was required. Consequently, the authorities initiated the recruitment process of Part- Time Post Graduate Teachers (PGTs) for these newly elevated junior colleges for the academic year 2019 to 2020. The petitioners in this case were selected as PGTs, having possessed the qualifications such as M.A. in Telugu, B.Ed, M.A. in English, B.Ed, and Telugu Pandit Training in both English and Telugu languages, in accordance with the notification issued by the State Project Director during the period 2018-2019. These petitioners were entrusted with the responsibility of teaching language subjects to intermediate students within the stipulated daily hours. The guidelines for the selection of Part-Time PGTs, including the mode of selection and required qualifications, were clearly outlined in the recruitment process. As of 2018-2019 to 2020-2023, a total of 352 KGBV junior colleges were established, and 1400 Part-Time PGTs were engaged, with a honorarium of Rs.12,000/- per month.
5. Each year, the petitioners' services were renewed through written Employment contracts that specified various conditions and obligations, including provisions for rescission and termination of their services. Appointment orders were issued to all of them, outlining the terms and conditions of their service. On 01.05.2023, the petitioner’s services were renewed for another one year period, following the pattern of previous employment agreements. As a result, the petitioners had a reasonable expectation that their services would continue without disruption for the usual one-year period.
6. However, on 27.05.2023, after the renewal of the petitioners' services, the respondents issued a notification for the recruitment of female candidates to fill-up 1358 vacant teaching positions, including
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