Teachers’ West Bengal Health Scheme: High Court Gives a Big Directive! School Education Dept to Announce Decision in 4 Months

West Bengal Health Scheme: Will teachers and non-teaching staff of government-aided or sponsored schools be brought under the West Bengal Health Scheme (WBHS)? The wait for an answer to this long-awaited question will continue for at least another four months. In response to a case filed by the Sikshanuragi Oikya Mancha, the Calcutta High Court has recently issued a significant directive. Instead of giving a direct verdict, the court has placed the responsibility of making the final decision on the School Education Department.

The Core Argument of the Case was Discrimination in Health Rights

Kingkar Babu, representing the Sikshanuragi Oikya Mancha, stated that their main argument in court was the discrimination in health rights. They demanded that teachers in government-aided or sponsored schools should receive the same health benefits as teachers in government schools. They argued that a dual policy on this matter cannot persist.

The following arguments were presented to the court on their behalf:

• Demand for Non-discrimination: It is unjust to discriminate among teachers in a fundamental matter like health.
• Plea for Uniform Rules: The practice of having different rules for government schools and government-aided schools needs to end.
• Data and Calculations: Alongside this primary argument, other relevant calculations and data were also submitted to the court.

High Court’s Observation and Directive

During the verdict, the Calcutta High Court did not comment on the merits of the petitioners’ claim. In other words, the court did not conclude whether the teachers of aided schools are eligible for this benefit or not.

Instead, as per point number 6 of the court’s order copy, the Honourable Justice has directed the 5th respondent, i.e., the Principal Secretary and the Commissioner of the Department of School Education, to examine the matter. The High Court has effectively passed the ball into the court of the State School Education Department.

A 4-Month Deadline for the Final Decision

The court has instructed the School Education Department to make a clear and well-reasoned decision on this issue. The department must determine the following:

1. Whether the benefit of the West Bengal Health Scheme can be extended to these teachers and non-teaching staff.
2. If the decision is to grant the benefit, a detailed justification must be provided.
3. Similarly, if the decision is not to grant the benefit, the reasons for it must also be clearly explained with logic.

The School Education Department has been given a maximum of four months to complete this entire process and announce its decision. For now, this writ petition has been disposed of. If the department’s decision is not in favour of the teachers, the option to file a new case in the future remains open after examining the reasons for the decision.