Delhi government cannot recruit new teachers without regular process, says Delhi HC

The Delhi High Court rejected Delhi government's plea on the appointment of new guest teachers. The government failed in getting any relief on the stay order on appointment of guest teachers, the court said that it cannot recruit new teachers without following the regular process. The court stated that the appeal by the Delhi government, challenging a stay order on the process of recruitment of guest teachers and promoting those appointed since 2010 in government schools, is now “ dismissed as withdrawn” . A division bench of Justice Sanjiv Khanna and Justice Pratibha M. Singh set aside the government counsel's submission that due to the stay on appointment process, students were suffering as there was an acute shortage of teachers. The bench observed that since guest teachers were already working, students were not deprived. Advocate Ashok Aggarwal, representing NGO Social Jurist, who has filed a contempt plea before a single judge seeking a stay on the order of the Delhi Subordinate Services Selection Board (DSSSB) withdrawing a notice on the appointment of around 9,000 school teachers, submitted that the appeal should be dismissed as it was not maintainable. The AAP government sought to uplift the stay on the recruiting process of guest teachers which is also pending before the single judge who has already issued notice on it. It, however, approached the division bench challenging the single judge's order of not disposing of the plea and instead issuing notice on it for November 9. The government has sought the lifting of the stay orders so that it could appoint nearly 9,000 such teachers to fill vacancies in schools here contending that the order was causing serious prejudice to students who were suffering due to a shortage of teachers. The counsel has said that till the 9,000 newly created posts of teachers are filled up either through recruitment or regularisation, guest teachers are required as a stop-gap arrangement against the newly created posts, which is not possible now due to the stay order. The court had asked the government to maintain status quo with regard to the fresh appointment of guest teachers as regulars in its schools after it was informed that authorities have not complied with the high courts 2001 order. The court was also informed that a bill was recently passed in the Delhi Legislative Assembly to regularise all guest teachers appointed since 2010. The division bench in its 2001 order had asked the DSSSB to ensure zero vacancies of teachers in schools on the commencement of each academic year. The state government had introduced the DSSSB with the purpose of recruiting capable, competent and highly-skilled individuals by conducting written tests, professional tests, and personal interviews. The plea said after a high court order of April 11, the DSSSB issued vacancy notice on August 7 inviting applications from candidates for 8,914 teaching posts in the DoE of the Delhi government and for 5,906 teaching posts in the three municipal corporation schools here. It alleged that the DSSSB, without informing or seeking permission from the court, had on August 24 & quot abruptly withdrawn the advertisement& quot regarding these vacancies. & quot The respondents have been deliberately and for some political motives delaying recruitment of regular teachers to the detriment of the interest of as many as 23 lakh students studying in schools run by the Government of Delhi and three municipal corporations,& quot the plea has said.