In a significant ruling aimed at stabilizing the educational landscape in Jharkhand, the Supreme Court on Thursday directed the state government to reserve 50%of all vacancies for assistant teachers and sahayak acharyas exclusively for para-teachers. The court emphasized that the “need of the hour” is the structural strengthening of the education system rather than relying on temporary, ad-hoc measures.
A bench comprising Justices Pankaj Mithal and SVN Bhatti ordered the Jharkhand government to issue a formal notification for these earmarked positions within four weeks. The entire recruitment process, including the publication of merit lists and the issuance of appointment orders, must be completed within a strict 10-week timeline.
The ruling comes as a response to a batch of appeals filed by para-teachers who were challenging a Jharkhand High Court decision. While the Supreme Court provided a path to permanent employment through this 50% reservation, it firmly refused the teachers’ demands for the automatic regularization of their services based on seniority.
The bench noted that expecting teachers on fixed-term contracts to provide a high-quality education is “fallacious.”
“The sense of security of employment is a sine qua non for enhancing efficiency in any service, and education is no different,” the bench observed. “The teacher-student bond is not temporary but spans the academic years. Expecting a para-teacher, without a guarantee of their employment, to guarantee a child’s future and education is fallacious.”
The court further noted that while it does not typically advise the executive branch, the continued use of ad-hoc mechanisms negatively impacts society’s progress and the future of children.
Despite the mandate for recruitment, the apex court clarified that para-teachers do not have an inherent right to regularization. The bench argued that granting permanent status under Articles 226 or 142 would bypass established recruitment laws and create an unsanctioned mode of appointment.
Addressing the demand for “equal pay for equal work,” the court ruled that such entitlement is not automatic. The bench found that while para-teachers perform classroom functions similar to regular staff, they are not assigned the full range of responsibilities or qualifications required of an Assistant Teacher.
“The claim of para-teachers for regularisation does not rest on sound legal and constitutional principles,” the court stated, though it affirmed their right to participate in the recruitment process under existing rules.
The Jharkhand government must now invite applications from eligible para-teachers for the designated vacancies in accordance with the Jharkhand Primary School Teacher Recruitment Rules, 2012, and the Jharkhand Elementary School Sahayak Acharya Cadre Rules, 2022.
The recruitment process will involve:
- The preparation of district-wise and state-level merit lists.
- Evaluation based on academic performance and TET/JTET (Teacher Eligibility Test) marks.
- Communication of final appointment orders to the relevant authorities within the 10-week window.
The court concluded that the executive must conduct periodic performance audits to eliminate “ad-hocism” in public employment, prioritizing comprehensive, high-quality education over temporary budgetary subsidies.
