Jammu: Following the disposal of SLP (Civil) No: 16885/2012 (CC 9115/2012) by the Supreme Court, of India the Jammu and Kashmir Government Wednesday ordered that no teaching faculty of the School Education Department shall take up any activity/assignment including teaching in a private institution or coaching centre.
According to a detailed order issued by the School Education Department, in pursuance of the Apex Court direction, the Directors of School Education Department Jammu/Kashmir and all the Chief Education Officers have been asked to ensure strict compliance of these instructions in their respective jurisdiction.
It is pertinent to mention that the State Government had through a Circular bearing No: Edu/PS/C/S/11/05 dated: 11-08-2005 directed that no official shall undertake any activity/assignment including teaching in a private institution or coaching centre unless permission is obtained from the competent authority and that no such permission shall be available two hours before the opening of the school and two after the school gets closed.
The said Circular was challenged in the Jammu and Kashmir High Court by Vichar Kranti Manch through Writ Petition No: 6/2011. The Writ Petition was disposed off by the High Court vide its judgment dated 18-11-2011 with the direction that: “The Writ Petition stands disposed of by setting aside the part of the instructions contained in Circular No: Edu/PS/C/S/11/05 dated: 11-08-2005 granting general permission/authority to the officials of the Education Department and Medical Education Department to grant permission to all the teachers and doctors respectively to engage themselves by way of self-employment in private coaching centres two hours before the opening of the school and two hours after the closing of the school and private practice by the doctors, with other directions stated therein.”
In compliance to the directions of the High Court, the School Education Department had vide Circular dated: 15-06-2012 rescinded part of the Circular instructions dated: 18-08-2005, pertaining to accord of general permission to the teachers to engage themselves by way of self employment in private coaching centres two hours before the opening of the schools and two hours after the closing of the schools.
The State Government had, however, filed SLP No: 16885/2012 (CC 9115/2012) in the Supreme Court against the judgment of the State High Court dated: 18-11-2011.