"Teachers Mould Fate Of A Nation & Play A Pivotal Role In Nation Building": Karnataka HC Orders State To Absorb Teacher As Full-Time Lecturer
The Karnataka High Court has directed the State Higher Education Department to implement the management's decision to absorb a teacher as a full-time lecturer at her institution
Vijayalakshmi H. S., a part-time Hindi lecturer, had been battling for her absorption as a full-time lecturer since her initial appointment in 1996. The position became vacant after the retirement of Shankareshwar Bhat on May 31, 1996. Subsequently, Vijayalakshmi was appointed to the vacancy by the institution's competent body on June 1, 1996. Despite her long tenure, her petition for absorption was denied by the Educational Appellate Authority in a decision dated May 15, 2013. This decision was later upheld by a Single Judge on February 24, 2016, leading to Vijayalakshmi's appeal to the division bench of the High Court.
The Division Bench of Justice Krishna S Dixit and Justice Ramchandra D. Huddar allowed Vijayalakshmi's appeal, emphasizing the vital role teachers play in nation-building.
"Absorption would secure favourable conditions of service to the teachers and that in turn would proliferate their interest in the discharge of their duties. It hardly needs to be stated that it is the teachers that mould fate of a Nation and they play a pivotal role in Nation building," the Court said.
The Court observed that securing favourable conditions of service for teachers enhances their interest and efficiency in performing their duties. Drawing a historical parallel, the Bench noted that during World War II, the British regime, under the Burnham Agreement, significantly increased teachers' salaries even as other civil servants faced downgrades.
"It is on record that during the World War – II, although the salaries of several segments of civil servants were downgraded, that of the teachers were not only left unaffected but came to be considerably enhanced by the British regime by virtue of Burnham Agreement. Therefore, while denying benefits of service to the community of teachers, the State and its authorities should be extra cautious," it said.
The Bench scrutinized Rule 3 of the Karnataka Educational Institutions (Collegiate Education) Rules, 2003, which governs the absorption of part-time lecturers in private aided first-grade colleges. The court found that the rule aims to protect the tenure of long-serving lecturers, ensuring their expertise benefits the student community. The Court also criticized the earlier interpretation of the rule, which they felt was overly rigid and failed to consider the broader context and intent of the legislation.
"In the above circumstances, this Appeal having been favoured, the impugned order of the learned Single Judge is set at naught. Further, the Appellant’s W.P.No.29574/2013 (S-RES) having been allowed, a Writ of Mandamus issues to the official Respondents to give effect to the Management’s order of absorption of the Appellant – lecturer to the post in question with effect from the date which she is otherwise entitled to," the Court ordered.
Cause Title: Vijayalakshmi H S v. Principal Secretary & Others [Neutral Citation: 2024:KHC:20592-DB]
Appearance:-
Appealant: Advocate Vijaya Kumar
Respondent: Advocate AGA C.N Mahadeswara, Narayana Bhat
Click here to read/download the Judgment
