Petitioners, PTA teachers in a Grant-in-Aid college, sought a policy for their absorption after the college's provincialization. The court held that no provision exists for PTA teachers in Government colleges and dismissed the writ petition.
Writ petition dismissed in limine.
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WPSS No.301 of 2014 Hon’ble Sudhanshu Dhulia, J.
Mr. Jitendra Chaudhary, Advocate, present for the petitioners.
Mr. Vikas Pandey, learned Brief Holder, present for the State/respondent nos. 1 to 5.
The petitioners are teachers, known as “Parent Teachers Association” teachers (from herein after referred to as “PTA teachers”). Petitioners were never regularly appointed as teachers in the Grant-in-Aid School, namely, Inter College Machhor, Talla Salt, Almora but purely on the basis of a discretion exercised by the Management Committee they have been working as such. Initially, their salary was being given from the management fund and thereafter certain amount was given as honorarium by the State Government.
In any case petitioners are not regularly appointed teachers. Now the College is to be provincialized and an order to that effect has been passed on 10th February, 2014. The petitioners contend that after provincialization of the college, they will not be allowed to continue and the State Government be directed to frame a policy regarding absorption of such PTA teachers.
This relief cannot be granted to the petitioners for the simple reason that presently PTA teachers are only appointed in private or Grant-in-Aid private colleges. There is no provision for appointment of PTA teachers in a Government College.
As far as framing of a policy for absorption of such teachers is concerned, the petitioners are always at liberty to approach appropriate authority in the State Government. For the same, in case such a representation is made, the same shall be decided by the State authorities by a speaking order, as expeditiously as possible.
As far as this Court is concerned, no relief can be granted. The writ petition is dismissed in limine. No order as to costs.
ML
1 issue framed by the court
Whether the State Government is directed to frame a policy for absorption of PTA teachers in a provincialized college? Whether relief can be granted to PTA teachers against their non-regular appointme
Parent Teachers Association teachers
State of Uttarakhand
Sudhanshu Dhulia
As recorded by the court registry
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