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Regular-article-logo Wednesday, 21 May 2025

COURT PUTS STAMP ON TUITION BAN 

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BY OUR LAW CORRESPONDENT Published 02.04.02, 12:00 AM
Calcutta, April 2 :    Calcutta, April 2:  Calcutta High Court today upheld the Bengal government's directive refraining school teachers from engaging in private tuitions, dismissing two suits questioning the state's motive and capacity to implement the ban. Supriya Chattopadhyay, teacher of a school in south Calcutta and Trinamul Congress Assembly chief whip Sobhandeb Chattopadhyay's wife, was the first to challenge the government's ban in the high court. A group of 15 teachers of a north Calcutta school followed in her footsteps last Wednesday, forcing the court to club the two suits. Justice Alok Chakraborty dismissed the suits, saying he found their basic point --- that the directive to teachers to declare every three months that they were not engaged in any other occupation besides teaching in schools was humiliating --- untenable. The government had every right to extract a declaration from its employees, he said. The order did not lower the dignity of a teacher in any way --- every citizen from time to time made certain declarations (regarding their income, medical bills) to the government or his/her employer. 'So a declaration of the sort demanded by the government can never be deemed humiliating,' the judge said. The court said an employing authority could impose any condition it wanted on its employees. This had been allowed by a 1991 modification of the relevant rules, the court added, replying to the contention that the employer could not impose fresh conditions years after entering into an agreement with the employee. 'Even the repeated seeking of a declaration is not illegal,' Justice Chakraborty said. 'The government has every right to know how much it should disburse to meet the salary-component of how many teachers so long as it continues to meet the expenses.' Chakraborty, however, allowed Chattopadhyay 15 days to approach a higher court. Her lawyer, also a Trinamul legislator, said she would do exactly that.    
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