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November 20, 2012 at 4:18 pm #68120
Prior permission from M.C. merely for carrying out higher study by in-service teachers is essential. Prior approval of D.I. is also essential if they want to claim financial benefits in the shape of double increments or Grade Pay enhancement after improvement of such qualifications. If an in-service teacher enhances his qualification through regular/correspondence/distance mode of education WITHOUT permission of M.C. or D.I., he shall NOT be recommended by SSC for getting the advantage of such higher qualification in the subsequent appointment in any school. Pls refer to Rule -18 (b) of RLST rules for Asst. Teachers and H.M. recruitment as follows:
“Rule – 18. Bar on recommendation.- Notwithstanding anything contained in these rules, a Regional Commission shall not recommend the name of a person under rule 17,-
(b) who, while in-service, having obtained required degree for being considered for the post applied for fails to submit before the Regional Commission the requisite document of his approved study leave, or any kind of leave for the purpose of relevant higher studies, or permission from the appropriate authority for prosecuting the studies for the said degree.”
On the other hand, there is a clear instruction in the G.O. No. 593-SE / ES/O/B/1M-98/2007 dated 27.11.2007 in relation to prior permission for enhancement of qualification of Asst. teachers appointed with Pass graduate degree through SSC that:
“4. Provided further that no such permission can be granted on any ground to any teacher who has entered the service / joined the School with Graduate Degree and with a graduate scale of pay [Any Managing Committee of any School recommending such case and of any District Inspector of Schools granting such prayer will be treated as an ‘Offender’ under West Bengal Schools (Control of Expenditure) Act, 2005]”
A plain reading of the above two provisions leads to the following point of doubt:
If this be the situation then how can a pass graduate AT (SSC) of an aided school be able to acquire Spl. Hons./P.G. degree and get appointment to Hons/PG post in another school through another SSC selection?
I think, if a pass graduate AT obtains Hons./PG degree without permission of M.C. and wishes to join Hons./PG post through SSC selection in subsequent stage, he/she has to SUPPRESS his/her past employment in the application form and appear at SSC exam. as a FRESH candidate. On selection, he/she shall join the new post WITHOUT benefit of past service. In such a situation he/she should lose the benefit of the pay fixation, if any, in new service. Moreover, this may lead to problems in getting some pensionary benefits where length of total service matters most.
What is the prospect of a pass graduate teacher or a hons. graduate teacher working with graduate scale of pay?November 20, 2012 at 5:12 pm #75461
I think, a pass graduate teacher enhance his/her qualification by distance education. And now he/ she is a post-graduate. He/she may apply for SSC selection and get chance in an another school in P.G. scale. He/she has only informed his/her school about the matter regarding the enhancement of his/her qualification. He/She completed it without any leave (CL or HPL may be taken) or prior permission of D.I.( there is no question forwarding this case to the D.I.)
I think,in this case, he/she may get continuation from his first service.November 20, 2012 at 6:16 pm #75463
Any in-service teacher must get prior approval from D.I. for acquiring higher qualification in correspondence/ Distance Learning mode. The relevant G.O. No. 548-SE(S) dated the 24th June, 1997 of School Education Department clarifies that:
“Sub: Recognition of correspondence courses conducted by the different Universities of India.
The undersigned is directed by the order of the Governor to say that henceforth all the teachers teaching in different State-Aide Schools will have to take prior permission from the District Inspector of Schools (SE) through the Managing Committee / Ad Hoc Committee / Administrator as the case may be if they like to enroll themselves and to appear for the examination conducted through Correspondence / Distance Mode of Education from the UGC-affiliated Universities. The Managing Committee of the concerned School shall send such cases to DI (SE) for approval along with their commences, including, inter alia, the relevance of the subject of higher studies and also whether such higher studies are likely to affect the duties of the teacher in the School.”
In the light of above G.O., a pass graduate teacher shall have to obtain permission of D.I. for correspondence/ODL mode of course also. If he does not get any permission/approval letter from D.I. and applies for Hons./P.G. post and, “fails to submit before the Regional Commission the requisite document of his approved study leave, or any kind of leave for the purpose of relevant higher studies, or permission from the appropriate authority for prosecuting the studies for the said degree” his name should not be recommended by SSC under the bar of rule 18(b). So, mere intimation to M.C. or D.I. by the teacher has no value to SSC.
So, there is no question of service continuation!November 28, 2012 at 3:53 am #75672
As far as my knowledge goes, for a in-service teacher there are so many bars for enhancement of qualifications. In this case if he wishes to get higher scale, he has to sit at SSC exam. as a fresh candidate, and obviously, there is no question of service continuation.December 3, 2012 at 4:01 pm #75831
I raised this issue as it has very serious impact on the fate of a pass graduate AT. I know that one HM of an aided secondary school repeatedly denied of the permission for P.G. course when a pass graduate teacher approached him several times. On being frustrated the said teacher ultimately started higher study through correspondence course without any permission of the school. Now it remains to be seen whether he will be able to qualify for P.G. post through SSC exam. by dodging the hurdles of SSC rule 18(b).December 4, 2012 at 4:44 am #75836
many H.M do not give permission for pursuing p.g degrees.so there must be some way out.December 4, 2012 at 11:46 am #75841
as this hampers the career of many pass teachers and leaves them at the mercy of H.Ms.
dont you think that the clause needs to be amended?can our community not do anything in this regard?
I think our forum should place this problem before the education minister.
what say friends????December 4, 2012 at 6:56 pm #75859
Let us see what is there in the School Control of Expenditure Act, 2005 and, how a particular provision of G.O. 593-SE contradicts to the original spirit of a Section of the Act:
Sections 14(1) & (2) of Control of Expenditure Act disentitle an in-service U.G. or graduate teacher to claim additional financial benefit for acquiring qualifications other than the qualifications specified for his teaching post. But, the sections never debar such a teacher from getting qualifications other than those specified for his post. Therefore, there shall not be any objection if he enhances qualification with an undertaking that he shall not claim any monetary benefit for that as long as he continues in the graduate post.
By contrast, G.O. 593 dated 27.11.2007 contains provision in para 4 whereby the M.C. and D.I. have been warned of giving any permission to such teachers for acquiring higher qualifications. This is contravention of provisions of Secns. 14(1) & (2) where denying of permission for higher study is NOT envisaged. I find an overreaching effort in the provision of G.O. which mars the original spirit of the said sections. So, I personally think that this the ultra vires provision of the said G.O., which has no legality and propriety.
The Hon’ble Delhi High Court, in American Express Bank Ltd. vs. Ms. Priya Puri, 2006 (LLR 683), has held that freedom of changing employment for improving service conditions is a vital and important right of an employee which cannot be restricted or curtailed.
A comparison between a pass graduate teacher and a pass graduate student makes it clear that how injustice is done to the teacher who is in disadvantageous position. The teacher shall not get permission for P.G. course and hence, be deprived of getting appointment to P.G. post through subsequent SSC selection. If he acquires P.G. degree without permission of school he will be under compulsion to suppress his school employment to SSC and get another appointment in an UNFAIR way. Thus he will be losing the benefit of past service in the matter of pay, pension, leave etc. and, his past service is simply wastage of time in educational profession. On the other hand, a pass graduate student have liberty of acquisition of P.G. degree in a FAIR way and, get appointment to P.G. post through SSC selection without any question of application of SSC rule 18(b).
Therefore, it is likely to do injustice to the candidates who are in the service, thereby offending Articles 14 and 16 of the Constitution of India. The act of granting NO permission itself violates equality as envisaged under Articles 14 & 16 of the Constitution of India. Moreover, it may also amount to violation of Human Rights as it is affecting the Rights relating to Life, Liberty, Equality and Dignity of the individual guaranteed by the Constitution as per the provisions under Section 2(1)(d) of the Protection of Human Rights Act, 1993.
With regards.December 4, 2012 at 7:04 pm #75861
@ryan: this kind of proposal has been submitted (may in other way in other topic) which is yet to come to be a reality. please see the following topics
but can we not ourselves make an pledge to the govt, individually?December 5, 2012 at 12:19 am #75865
individual we may not be a force to reckon with.
collective action is needed.united we stand,divided we fall.
if the forum decides to launch an action against this rule,i will be more than happy to be a part of it.
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