Teachers’ Absence Defeats Right To Education Act, Says Allahabad High Court While Upholding Suspension Of Primary School Teachers

Prayagraj: The Allahabad High Court observed that the absence of teachers frustrates the very purpose of the Right of Children to Free and Compulsory Education Act, 2009 and refused to interfere with the suspension of primary school teachers who were found absent from their school during an inspection.

The court also directed the state government to frame a policy ensuring the presence of teachers in schools within three months.

Justice Prakash Padia, while disposing of the writ petitions filed by Indra Devi and Leena Singh Chauhan, observed that the teachers are the "pillars of knowledge" and revered as 'Guru' in the Indian culture. The state government has an obligation to ensure the imparting of unbarred education to children.

Both the government school teachers challenged the orders passed by the District Basic Education Officer suspending them, specifically on the ground that they were not found in the institution during the inspection.

The court, in an order dated December 2, while refusing to interfere in the suspension order of both teachers, observed, "It is a well-known fact that in a large number of primary institutions throughout the State of U.P., teachers are not attending the institution on time." "It is an obligation on the state to ensure imparting unbarred education to children belonging to the primary institutions. The matters are coming every day before this Court in which allegations were made against the teachers and headmasters of the institution to the effect that they are not attending the institution within time," the court added.

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