Teachers have been banned from working in private institutes and coaching centres.
The Jammu and Kashmir Government has restricted teachers of its School Education Department from taking up private tuition and coaching classes. In pursuance of the Supreme Court directive, all directors and chief education officers under the School Education Department have been strictly advised to follow the order.
"It is hereby directed that no teaching faculty of School Education Department shall take up any activity/assignment including teaching in private institution or coaching centre," said the department's order.
The state government has issued a similar order in 2005, wherein teachers were required to take prior permission of competent authorities to teach in a private institution or coaching centre. The order further said that no such permission shall be available two hours before opening and closing of schools.
The order was challenged in the Jammu and Kashmir High Court through a writ petition in 2011, which was disposed by the court. However, in accordance with the High Court's direction, the State Education Department decided to rescind portion of the directive, pertaining to accord of general permission of teachers to engage themselves in private centres two hours before opening and after closing of schools.
The state government filed an SLP in Supreme Court against the High Court judgement in 2011. The top court has now disposed of the SLP an observed, "during the course of the hearing, learned counsel appearing on behalf of the State is not aggrieved by directions of the high court in their application to teachers, in so far as the circular of 2005 was set aside. The circular, it has been submitted, was issued by education department and specifically dealt with the issue of whether official engaged in schools could be permitted to take up private assignments".
The Supreme Court said "however, the grievance is that the directions issued by the High Court which have been extracted above, proceeded on the basis that the circular also regulated government medical doctors engaging in self-employment or other activities.
"It was urged that rules governing private practice by government doctors were not placed before the court. Hence, without considering those rules, the High Court has issued a blanket direction erroneously on the basis that the circular of 2005 also covered services of doctors."
(With inputs from PTI)