Srinagar, Nov 18: The government Friday announced
prohibition on any activity or assignment including the
private tuitions by teaching faculty of School Education
Department.
We have learned that the Principal Secretary, School
Education Department, Alok Kumar has said, “It has been
observed that some members of teaching faculty of
School Education Department are undertaking coaching
assignments in private institutions and coaching centres
even during school hours in violation of Rule 10 of the
Jammu and Kashmir Government Employees (Conduct)
Rules, 1971 as well as Chapter (IV) Section 28 of RTE
Act, 2009.”
Kumar in a circular said that the Rule-10 of the Jammu
and Kashmir Government Employees (Conduct) Rules,
1971 states, “No Government employee, whether on leave
or active service, shall except with the previous sanction of
the government engage directly or indirectly in any trade
or business or undertake any other employment.”
Provided that a government employee may, without such
sanction, undertake honorary work of a social or charitable
nature of occasional work of a literary, artistic or scientific
character except in organizations or associations with
which a Government employee is expressly debarred from
associating, subject to the condition that his official duties
do not thereby suffer, but he shall not undertake or shall
discontinue such work, if so, directed by the government.
Kumar said that it has also been provided in the Chapter
(IV) Section 28 in the RTE Act. 2009 – Prohibition of
private tuition by teachers that ‘No teacher shall engage
himself or herself in private tuition or private teaching
activity.'
“In spite of these, it has been observed that some
members of teaching faculty of School Education
Department are undertaking coaching assignments in
private institutions and coaching centres even during
school hours in violation of Rule 10 of The Jammu and
Kashmir Government Employees (Conduct) Rules, 1971
as well as Chapter (IV) Section 28 of RTE Act, 2009,”
reads the circular.
Kumar said that the High Court in one of the cases has
also issued directions that reads, “That the department of
education (school as well as higher education) is directed
to implement Rule 10 of the Employees Conduct Rules in
letter and spirit and ensure that no member of its teaching
faculty engages in private tuition at private coaching or
tuition centres without previous sanction of the
government.”
“The Zonal Education Officers at the zonal level and Chief
Education Officers at the district level shall be the nodal
officers, who will ensure the implementation of Rule 10 of
the Employees Conduct Rules and the circular or
instructions, if any, issued by the Government to give
effect to Rule 10 of the Employees Conduct Rules,” it
reads.
According to the School Education Department, the court
directions further reads that the government shall do well
to create and provide toll free telephone numbers in each
District where the complaints against the banned activity
of the teaching faculty could be made.
“In supersession of all earlier circulars and instructions
issued on matter, it is impressed upon all the teaching
faculty of School Education Department of Jammu and
Kashmir to strictly adhere to the instructions as provided in
Rule 10 of the Jammu and Kashmir Government
Employees (Conduct) Rules, 1971 and Chapter (IV)
Section 28 of RT Act, 2009 and not to indulge in any
private trade or practice or private tuitions,” Kumar
ordered.
He further ordered that no teaching faculty shall undertake
any activity or assignment including teaching in a private
educational institution or coaching centre, unless they
obtain prior sanction from the competent authority. “Any
violation in this regard shall invite disciplinary action
against the delinquent officers or officials as warranted
under rules.”
The Principal Secretary further entrusted the responsibility
of ensuring that no member of the teaching faculty of the
School Education Department violates the circular. The
responsibility has been given to Directors of School
Education of both Jammu and Kashmir regions, all Chief
Education Officers, Zonal Education Officers, Principals of
Higher Secondary Schools and Headmasters of all
government schools.
