The Supreme Court, today, by upholding Tripura High Court’s order, approves the termination of 8,882 ad-hoc teachers. These teachers were working in the School Education Department and their termination after the Academic Session of 2019-2020 was in connection with the directions issued by the Supreme Court in the decision Tanmoy Nath v State of Tripura.
The Tripura High Court had initially terminated the appointment of 10,323 government school teachers in 2014 owing to the argument that the selection was contrary to the provisions of the National Council for Teachers Education Act,1993 and that it not only suffered from nepotism and favouritism but the appointments were arbitrary and illegal. The Supreme Court in 2017, by modifying the High Court’s order directed the State Government to conduct a fresh selection process on or before 31st December 2017. The bench allowed those teachers appointed earlier to apply again and continue until the completion of a fresh selection process. Some of the teachers challenged the termination after the Academic Session of 2019-2020, but the High Court dismissed the petitions explaining that petitioners were attempting to review the judgement delivered in Tanmoy Nath v State of Tripura, which is not permissible in law.
But today, by approving the termination of 8882 ad-hoc teachers the bench in the apex court comprising of Justice UU Lalit and Justice Vineet Saran declared that given that the selection and appointment were noted to be illegal and invalid, no other advantage can be granted to the concerned candidates.
“In our view, considering the fact that the very selection and appointments were found to be illegal and invalid, no other advantage can be conferred upon the concerned candidates.”
While the State, by offering alternate employment aims to provide some form of solace where the candidates do not succeed in the selection to the post of teachers, they in no way are attempting to degrade the teachers, the court continued.
“The candidates, if they are otherwise competent and eligible, will certainly have every opportunity till March 31, 2023 to get selected for the posts of teachers in the state and by way of additional benefit those who are unsuccessful in such attempts may retain the alternate employment. In our view, it does not amount to any degradation.”
The Supreme Court added that if the candidates are eligible they will surely have opportunity till March 31, 2023 to get selected for the posts of teachers in the state.