10,323 case : jobs of all teachers appointed on 2003 revised policy may be under threat

By Our Correspondent

Agartala February 13 ,20202 : The jobs of around 8 thousand teachers appointed since 2003 on the basis of revised recruitment policy of the previous left front government may be up for reappraisal by the supreme court as was revealed in the course of the hearing on special leave petition (SLP) filed by 10,323 ad hoc teachers on February 7. Sources among the petitioners said that they had through their advocate raised the issue of Para 127 of the judgment passed by then Tripura high court chief justice Deepak Kumar Gupta and justice Swapan Chandra Das on May 7 2014. Taking cognizance of the point on Para 127 the apex court bench of Justice Udai Umesh Lalit and justice Vineet Saran indirectly indicated realization of a mistake made by then state government in  interpreting the matter without spelling this out in so many words. 

The petitioners raised the issue of around 8 thousand teachers appointed on the basis of revised 2003 recruitment policy whose infirmities had led to the termination of 10-,323 teachers. Having heard out the lawyer of the petitioners the bench appeared to suggest that the exemption granted in the Para-127 to non-teaching employees can be sustained because they 'do not have to teach students' but teachers appointed on the same policy can not be justified. "We are going to raise this issue in the next hearing also because dismissing teachers appointed in 2010 and 2014 alone is discriminatory; the apex court's notice to the state government apparently raises the question of relaxation which was to be granted but the apex court appeared to suggest a preference for mediation" said sources among the petitioners.
Besides, this is the first time the apex court has not referred to the 10,323 teachers as 'ad hoc' as evident from Para-3 of the order passed on hearing on February 7. In all earlier orders of the apex court the 10,323 teachers had been termed as 'ad hoc'. "This is a very subtle but significant shift in position ; but proceedings of the apex court and likely positions to be taken by bench can not be anticipated and we not doing so; we are merely conveying our impression of what happened in the court" said a petitioner. Significantly, one of the petitioners was asked to furnish reply to queries and he did so with an aplomb.    


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