The Allahabad High Court has directed the Uttar Pradesh government to create or sanction posts for teachers working in Kasturba Gandhi Balika Vidyalayas (KGBVs) within four months, holding that prolonged contractual employment without adequate remuneration and job security amounts to forced labour prohibited under Article 23 of the Constitution.
Justice Pankaj Bhatia of the Lucknow Bench also ordered that all KGBV teachers across the state be paid a monthly honorarium of Rs 17,000 from the date of the judgement until the government implements the necessary measures.
Allowing petitions filed by Archana Boodh and others, the court directed the state to bring the service conditions of KGBV teachers in line with those applicable to regular teachers up to the intermediate level.
The judgement applies to every KGBV teacher in Uttar Pradesh, including those who were not parties to the proceedings.
Court Orders Consideration of Regularisation
The High Court directed the authorities to examine the claims of the petitioners and other similarly placed teachers for regularisation in accordance with law, considering their educational qualifications and duration of service.
It also ordered the government to extend service-related protection to KGBV teachers under Section 24(2) of the Right of Children to Free and Compulsory Education Act, 2009.
The state must periodically revise their remuneration to align it with the salaries and allowances paid to teachers employed in government and aided schools, the court directed.
Honorarium Below Semi-Skilled Workers’ Wages
During the hearing, Justice Bhatia noted that KGBV teachers were receiving remuneration below the prescribed wages for semi-skilled workers.
The court described the characterisation of such inadequate payments as an honorarium as a “cruel joke”, observing that keeping teachers under these conditions for years was incompatible with constitutional protections.
It further noted that the purpose of the KGBV scheme was to ensure quality education for disadvantaged communities, particularly girls. The court held that this objective could not be fulfilled while teachers continued to face prolonged employment insecurity and inadequate remuneration.
State Cannot Cite Lack of Central Funds
Addressing the financial responsibilities under the scheme, the High Court directed the Central government to provide its agreed share of expenditure.
However, it made clear that Uttar Pradesh could not delay compliance with the judgement merely because the Centre had not released or sanctioned the required funds.
The court said the state could initially bear the expenditure and subsequently recover the Centre’s contribution once the funds became available.
About the KGBV Scheme
Launched in 2004 as a Central initiative, the Kasturba Gandhi Balika Vidyalaya scheme provides residential schooling and quality education to girls belonging to disadvantaged and marginalised communities.
The High Court delivered the directions on Thursday while allowing the petitions challenging the prolonged contractual employment and remuneration conditions of teachers working under the scheme.
