The Allahabad High Court has held that keeping teachers of Kasturba Gandhi Balika Vidyalayas (KGBVs) on contract for years on a meagre honorarium, without any step towards regularisation, amounts to forced labour prohibited by Article 23 of the Constitution.
Sitting at Lucknow, Justice Pankaj Bhatia directed the Uttar Pradesh government to create posts for KGBV teachers within four months. Until then, all KGBV teachers are to be paid ₹17,000 per month.
Background
The petitioners, including 377 teachers in one of the three connected petitions, work as full-time or part-time contractual teachers in KGBVs, the residential schools for girls set up under the Sarva Shiksha Abhiyan, now part of Samagra Shiksha. Some have served for more than 15 years. They sought regularisation and pay equal to that of State teachers.
On record, part-time KGBV teachers receive ₹12,790 a month, which comes to ₹9,592 in hand after EPF deduction. Their contracts run for 11 months and 29 days with a one-day gap, and can be ended on one month’s notice or, in extreme cases, without notice.
Arguments
Advocates Raj Kumar Singh Suryvanshi and Saksham Agarwal, for the petitioners, argued that the teachers perform duties similar to regular State teachers, that many have crossed the age limit for other jobs, and that their insecurity of tenure compromises the quality of education under Article 21-A. They pointed to a Government Order of 09.04.2026 raising the honorarium of part-time teachers in State schools from ₹9,000 to ₹17,000, and relied on the Supreme Court’s ruling in U.P. Junior High School Council Instructor Welfare Association vs. State of U.P.
Senior Advocate Anuj Kudesia, assisted by Advocate Sarvesh Dubey for Samagra Shiksha Abhiyan, argued that the scheme is funded jointly by the Centre and the State, that no sanctioned posts exist, and that the petitioners’ tenure is co-terminus with the scheme. Additional Chief Standing Counsel P.K. Singh and Saharsh Srivastava appeared for the State. Counsel for the Union of India did not appear.
Court’s Findings
The Court found no material showing that the petitioners’ duties differ from those of regular State teachers. It rejected the plea of no sanctioned posts, noting that the scheme has run for over two decades, the work is perennial, and the State is bound under Section 8(d) of the RTE Act to provide teaching staff. Relying on the Supreme Court, it held that such posts are deemed to be created, and that a lack of Central funds is answered by the principle of “pay and recover.”
The Court held that KGBVs are “schools” under Section 2(n) of the RTE Act. Comparing well-paid teachers in government and aided schools with ill-paid KGBV teachers, it said: “This is a clear discrimination against the disadvantaged students studying in KGBVs.”
Relying on Minerva Mills and the doctrine of purity of means, the Court held that while the scheme’s goal is laudable, the means adopted violate Articles 14 and 23. It termed the continued contractual engagement “nothing but a form of forced labour prohibited by Article 23” and said the pay is even lower than that prescribed for semi-skilled workers, adding that calling it honorarium “is a cruel joke.”
Directions
The State Government must, within four months:
- sanction or create posts of teachers for KGBVs in line with the RTE Act Schedule;
- frame service conditions for all KGBV teachers, at par with regularly appointed teachers up to Intermediate level;
- consider the regularisation claims of the petitioners and similarly placed teachers, based on their qualifications and length of service; and
- periodically revise KGBV teachers’ pay to bring it at par with teachers in State-run and aided schools.
Until then, all KGBV teachers will get ₹17,000 per month from the date of the judgment, along with protection under Section 24(2) of the RTE Act. The Centre must share the expenditure as agreed, but the State cannot delay compliance for want of Central funds and may recover the Central share later.
Case Title: Smt. Archana Boodh vs. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Basic Edu. Lko. and 3 others (with connected petitions)
Case No.: Writ-A No. 7335 of 2026, with Writ-A Nos. 8381 and 9015 of 2026
Bench: Justice Pankaj Bhatia
Date: October 29, 2026
