Teachers in government and private institutions are prohibited from engaging in private tuition as it undermines the right to free education and creates social inequality.

1. This writ petition was registered as a suo motu writ petition keeping in view a letter addressed to one of us (Chief Justice) by one Sri. Biswanath Bhattacharya.

2. In the letter it was complained that the State of Tripura may hold the dubious record where highest number of school students are attending private tuitions. It was also alleged that these tuitions are being imparted by school teachers outside the schools. In this letter, it was also alleged that as far as the urban areas are concerned the percentage of students receiving tuition may be as high as 90%. The petitioner referred to the provisions of the Right to Education Act and to the right of the students, especially up to the age of 14 years, to have free education.

3. After taking up this suo motu petition, this Court had, on 11.06.2015, passed a detailed order, which reads as follows:
'The role of teachers who teach children is extremely important. Teachers are the role models for the students. A student accepts anything said by the teacher as the gospel truth. In the Indian context, the 'Guru Shishya Parampara' is very relevant and the teacher is treated as a 'Guru'. Teachers at all levels must be competent in their subjects. The values of life, the ethical and moral standards are taught by the teachers. We are aware that majority of the teachers are performing their duties in accordance with the highest traditions of the teaching profession but because of the greed of a few unscrupulous teachers the image of the entire teaching community is being tarnished.
The allegations made by the petitioner are that in the State of Tripura the practice of imparting tuitions by teachers employed both by the State Government and in private institutions is rampant. These teachers day in and day out are engaging in tuitions, charging huge fees. It is alleged that these teachers do not spend sufficient time teaching in school but virtually coerce the students to attend the tuition classes.
Art.21A of the Constitution of India has granted a fundamental right to every child between the ages of 6 to 14 to get free education. This right of getting free education means the right to get quality free education and when the State Government employs teachers, pays them salaries, provides them housing, provides them benefits such as pension etc., it is expected that these teachers would do their duty and carry out teaching properly in the schools and their students are not forced to go for private tuitions.
The Right of Children to Free and Compulsory Education Act, 2009 was enacted by the Parliament and S.3 also provides that every child of the age of six to fourteen years shall have a right to free and compulsory education in a neighbourhood school till completion of elementary education. The Apex Court has clearly held that this Act is applicable not only to Government institutions but also to all private institutions except minority institutions. S.28 of the Act reads as follows:
'28. Prohibition of private tuition by teacher. -
No teacher shall engage himself or herself in private tuition or private teaching activity.'
Thus, the mandate of law is that no teacher whether engaged in a Government school or in a Private School can engage in private teaching activity. We are prima facie of the view that as far as S.28 is concerned, it may even apply to minority institutions because S.28 does not, in any way, affect the right of the minority institutions to run their schools in accordance with the principles governing their minority status.
Even the Government of Tripura issued circulars in this regard, one of which was i