Reconsideration that offers relief

Following the Supreme Court’s verdict on reservation for differently-abled teachers in aided educational institutions, there had been confusion and concern regarding teacher appointments in the sector. The ruling came in an appeal filed by the NSS management against a High Court judgment, which had stated that approval for other teacher appointments could be granted only after setting aside posts reserved for differently-abled teachers in aided institutions. After this verdict, it became the responsibility of the state government to decide whether the same benefit should be extended to institutions under other managements as well. Based on legal advice received at the time, the government approached the Supreme Court, arguing that the relaxation granted to NSS institutions could not be applied to other managements. However, the case was later adjourned.

Now, the government has issued an order extending the same benefit granted to NSS institutions to institutions under other managements too. Earlier, although Christian managements had launched protests demanding that the benefit given to NSS be extended to all managements, the government had so far postponed a decision, citing that the matter is under the consideration of the Supreme Court. With the Assembly elections approaching, it is clear that the government’s change in stance comes from the need to keep all community managements appeased. Whatever the reason behind the shift, it is certainly a relief and a positive development that nearly 20,000 teachers will now receive permanent appointments.

The new government order was issued based on fresh legal advice after the first phase of appointments of differently-abled teachers was completed. However, approval of appointments will remain subject to the final verdict of the Supreme Court. The earlier High Court order had said that appointments in the general category should not be approved until the appointments of differently-abled teachers were completed with retrospective effect. NSS management challenged this order in the Supreme Court and obtained a favourable ruling. The situation became complicated as it was stated that vacancies reserved for differently-abled teachers from 1996 had to be filled before approving other appointments made from 2018 onwards. The favourable ruling for NSS was based on its affidavit stating that the reserved vacancies had been kept aside. In reality, the government could have earlier issued an order allowing approval of appointments made by other managements on the same basis.

As per the new order, District Educational Officers must clear applications for approval of teacher appointments by March 4. At the same time, the approval of the appointments of 442 teachers who approached the Supreme Court against the earlier government stance will be considered only after the final verdict. Aided managements have pointed out that they often do not receive enough applications to fill posts reserved for differently-abled teachers. Even when appointments could not be made, the NSS management had simply set aside the required vacancies and proceeded with other appointments. Instead of creating unnecessary complications through prolonged legal consultations, the government could have adopted this simple approach earlier. Even though the decision has come late, it is still considered a welcome step.