Higher Qualification Doesn’t Confer Right For Exemption From capacity building programme(s): HC

Srinagar, Oct 26: Observing that possessing of higher qualification does not confer any right upon an employee to seek exception from the capacity building programme(s), the Jammu and Kashmir High Court has dismissed a petition by the erstwhile RReTs, regarding ‘Integrated Multidisciplinary Professional Advancement Course for Teachers’ (‘IMPACT’).
The erstwhile RReTs had alleged discrimination in subjecting them to undergo the IMPACT training course, contending that are trained and qualified Grade-II and Grade-III Teachers having years of experience at their end
They submitted that by directing them to undergo the IMPACT training course, the government has bifurcated the Teacher community into two groups as trained and untrained without any criteria, thereby resulting in violation of Article 14 of the Constitution of India.
They submitted that the very object for which the IMPACT training course has been developed is to impart training to untrained Grade-II and Grade-III elementary level Teachers so as to improve their teaching abilities and to bring them at par with the trained Grade-II and Grade-III elementary level Teachers.
“The respondents (officials) have included the petitioners in the group of untrained Grade-II and Grade-III Teachers.”
On the other hand, the government said that the training course has been designed by the NCERT to address the gaps in the teaching skills of Grade-II and Grade-III elementary level Teachers .
After hearing both the sides, a bench of Justice Ali Mohammad Magrey observed that the sole purpose of the IMPACT Training Course is to enhance the professional skills of GradeII and Grade-III elementary level Teachers.
“Ordinarily, no Teacher is even expected to seek exemption from this capacity building programme/ course designed to improve the teaching method with a view to have better learning outcomes of our students, let alone challenge his/ her appearance in the Training Course before a Court of law,” the court said.
The court said that the skill development and professional improvement is a lifelong process, irrespective of the fact whether an individual or employee is qualified or not.
“Besides, possessing of higher qualification does not confer any right upon an employee to seek exception from the capacity building programme(s), moreso, when the course is designed to address the vital aspects concerning the teaching/ learning process.”
The court said that the competent authorities are well within their rights to take all steps for ensuring enhancement of the professional skills of its employees, including the GradeII and Grade-III Teachers for the benefit of public at large in general, and the student community in particular “with the passage of time and advent of new, modern methods, techniques of administration, technology, teaching etc.”
The court said it was unable to find any fault in the action of the authorities in directing these Grade-II and Grade-III Teachers to undergo the IMPACT training course designed only to provide quality education to the student community by improving the pedagogical skills of these Teachers.