In-Service Teachers: Obstacle in Participation of In-Service Teachers in Primary Teacher Recruitment? Case Filed in High Court
In-Service Teachers: A new legal complication has arisen in the primary teacher recruitment process conducted by the West Bengal Board of Primary Education (WBBPE). A writ petition has been filed in the Calcutta High Court to prevent in-service or currently employed teachers from participating in the new recruitment process. This lawsuit has raised a significant question mark over whether employed teachers will be able to participate in future recruitment drives, especially the potential 2025 recruitment. The primary objective of the petitioners is to restrain those who are already working in government or government-aided schools from competing in this new drive.
Context and Core Subject of the Case
The root of this case filed in the Calcutta High Court lies in the dissatisfaction of employed teachers regarding their posting. It appears that many in-service teachers are not content with their current place of work. Primarily, they are participating in the new primary teacher recruitment process in the hope of getting a posting near their home or in a preferred district. The petitioners claim that this infringes upon the rights of new and unemployed job seekers. Petitioners like Subhash Chandra Bagh, Mohit Karati, Partharajit Boning, Bidesh Gazi, and Indrajit Pal have approached the court seeking a stay or injunction on this practice.
Key Arguments and Allegations of the Petitioners
The petitioners have presented several strong arguments before the court. According to them, the participation of in-service teachers is having a negative impact on the overall recruitment process. Their main arguments are highlighted in the table below:
| Argument | Detailed Explanation |
|---|---|
| Wastage of Vacancies | If employed teachers get a new job, their old post becomes vacant, which is not filled in the current process. As a result, a seat is wasted. |
| Violation of Constitution | This is contrary to Article 14 of the Constitution, as it reduces opportunities for eligible unemployed candidates. |
| Unfair Competition | In-service and Para teachers may receive extra marks or ‘weightage’ for experience, which puts fresh candidates at a disadvantage. |
| Equivalence of Post | Since this is not an exam for promotion or a higher post, questions have been raised about the justification for reapplying for an equivalent post. |
Future of In-Service Teachers and Legal Impact
If the court rules in favor of the petitioners, in-service teachers will no longer be able to participate in the new recruitment process. Consequently, only unemployed examinees will get the opportunity. On the other hand, if the verdict goes in favor of the in-service teachers, they may get the opportunity based on merit but could face several technical issues.
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Join on TelegramAccording to experts, if one resigns from an old job to join a new one, maintaining ‘service continuity’ can be difficult. There is a possibility that their accumulated increments and salary-related benefits could be lost. It is worth noting that there were certain restrictions from the court during the 2022 recruitment process as well. The current case is primarily aimed at the 2025 or subsequent recruitment processes to ensure that in-service teachers cannot appear.
Despite the existence of a transfer policy for teachers in the state, why teachers are participating in new recruitment processes remains a major subject of debate. The verdict of this case could turn the tide of primary teacher recruitment in the coming days. The future of thousands of in-service teachers and lakhs of unemployed job seekers depends on the court’s next order or final judgment.
