Primary teachers in their uniform. Picture by Sanjib Mukherjee

Cuttack, Jan. 6: A petition challenging the school and mass education department’s uniform code for teaching staff from Class I to VIII in all schools has been filed in Orissa High Court.

All Orissa Sikshya Sahayak Association president Prasanta Kumar Samantaray (42) and four other “sikshya sahayaks” from Banki (Cuttack), Pipili (Puri), Baimstria (Jajpur) and Bhadrak have filed the petition.

“The notifications on uniform code are contrary to the school and mass education department resolution of November 19, 2009, on sikshya sahayaks that had received the governor’s approval,” the petition contends.

“The resolution had nowhere specified any dress code for sikshya sahayaks as one of the service conditions at the time of their initial appointment nor had the department made any amendment to the resolution,” the petition reads.

The petition has sought quashing of the two notifications issued on the uniform code. While black trousers and light blue shirt were specified for male teachers, for female teachers, it was light pink saree and black blouse.

On July 17, 2010, the district inspectors of schools of Bhubaneswar, Cuttack and Berhampur were asked to ensure that the teaching staff from Class I to VIII in all the schools of the districts don the uniform while on duty by August 15, 2010.

On August 3, 2010 all the district inspectors of school (except Cuttack, Bhubaneswar Berhampur, Angul, Balasore, Basta, Bargarh, Bhadrak, Boudh, Dhenkanal, Jajpur, Nayagarh, Nimapara, Puri, Patnagarh, Rourkela, Sambapur) were asked to ensure that the teachers start wearing uniform by September 15.

“Please make an appeal to all the teaching staff to put on the uniform which will give rise to their self esteem and give tremendous visibility to school and mass education department in the field. Moreover, this will ensure discipline and decorum in the school with positive ambience,” said the two notifications issued by joint secretary I.C. Barda.

According to the petition, the department had, in the resolution, transferred all powers to the zilla parishads with a regulating committee at the district-level headed by the collector-cum-district magistrate. The resolution also vested all powers in him. But the notifications were issued without consulting all the collectors. Hence, it is not tenable in the eye of law.

“Under such circumstances, the direction is whimsical, arbitrary, illegal and utilisation of power beyond the statute,” the petitioners allege. The petition is yet to be listed for hearing.