Gov't teachers’ absenteeism violates RTE for poor children: Allahabad High Court

The Allahabad High Court stated this while hearing the petition of government school, who appealed against her suspension allegedly caused by her absence during a surprise inspection
Govt teachers’ absenteeism violates RTE for poor children: Allahabad High Court
Govt teachers’ absenteeism violates RTE for poor children: Allahabad High Court(Image: AFP)
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The Allahabad High Court recently called for the creation of strict rules to ensure that teachers in rural primary and junior schools remain present throughout the school day. This significant order outlines the importance of a teacher's duty and every child's constitutional right to an education.

A bench comprising Justice Praveen Kumar Giri stated that absenteeism among teachers in primary schools "frustrates the very purpose of the Right of Children to Free and Compulsory Education Act, 2009" and so violates the fundamental right to education of poor children in rural areas, LiveLaw reports.

The bench was hearing a petition by Indra Devi, the Head Teacher of a composite school in Pailani, Banda district. She filed an appeal with the High Court challenging her suspension order issued by the District Basic Education Officer in Banda. She also asked for the decision to be quashed and her wages reinstated.

However, when evaluating her petition, the Court voiced serious concern about the ongoing issue of teacher absenteeism in rural schools. The Court stated that it is 'flooded' with cases involving the attendance of teachers in primary schools.

As per LiveLaw, the Court underscored the importance of such lapses by quoting the suspension order, which said that the petitioner was not discovered at the school around 1:30 pm during a surprise inspection by the District Magistrate, Banda.

"Due to the absence of teachers from school, there is a negative impact on students' learning, such as lower academic achievement and it creates unequal learning opportunities, especially for students from disadvantaged backgrounds who cannot afford private tutor or coaching," Justice Giri observed.

The bench also ruled that no one, including a teacher who is recognised as a government employee, and as "State" under Article 12 of the Indian Constitution, can violate a child's fundamental right to learn in a primary educational institution if they hail from a poor village background.

Noting the lack of operation of digital attendance mechanisms in schools, Justice Giri also directed top State government officials to form rules that ensure the presence of the teachers during the fixed school hours.

The Court asked the Chief Standing Counsel, and other government authorities to seek required instructions, and submit materials on assuring teacher and staff presence in schools before the next hearing on October 30.

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