Pvt. School teachers elated after CBSE’s circular on pay parity, framing of service conditions

Report by: 
M SURESH KUMAR
Port Blair
13 Dec 2017

The recent circular by the Central Board of Secondary Education (CBSE) asking schools across the country affiliated with it to frame salary, allowances, and service conditions of teachers as per the provisions of RTE Act 2009, respective State Act and CBSE Affiliation Bye-Laws has left teachers employed in private schools of these islands elated. Following the complaints received by numerous teachers, CBSE in August this year, had issued a circular to the affiliated schools asking the institutions to create proper service rules and guidelines for the teachers and ensure that the teachers are remunerated as per the affiliation by-laws and state requirements. The schools have also been reminded to follow proper hiring process and ensure continuous training of the teachers in pursuance to their academic goals.
Speaking to EOI, some private school teachers, on the condition of anonymity, said that working conditions in some private institutions are nothing but oppressive. “Teachers in private schools face a number of issues. Despite being paid meagerly in comparison to their counterparts in government schools, management of some private schools even cuts salaries of teachers for absenting from duties. Schools fail to comply with salary and service conditions though these are laid down in the affiliation by-laws of the CBSE. Welfare measures for teachers  in private schools is almost non-existent, while in some teachers are retained after schools hours for non-academic activities. In some, School Heads deploys teachers for personal work. The CBSE circular has come as a huge respite for private school teachers and is aimed at protecting the rights of teachers. Hopefully, management in private schools here will ensure implementation of the directives at the earliest,” they said.
CBSE in the circular observed that in spite of statutory provisions under RTE Act 2009 and Affiliation Bye-Laws, the appointment of teachers with prescribed procedures and qualifications, service condition of the teachers, their professional development and mechanism for redressal of their grievance are not adhered to by some CBSE affiliated schools. A number of complaints have been received against affiliated schools alleging payment of partial salary, delay in disbursement of salary and allowances, promotion and non-availability of welfare measures for teachers, retaining the teachers after schools hours, engaging them in the non-education activities etc. As a result, the teachers in affiliated schools feel de-motivated in pursuing their career in the teaching profession and taking interest in the classroom teaching which adversely affects the overall quality of education and learning outcomes, says the circular.

Taking cognizance of the illegal and unfair practices being employed by the schools, CBSE directed all affiliated schools to frame the service rules and ensure appointment of the teachers, their service conditions etc. as per the provisions of RTE Act 2009, respective State Act and CBSE Affiliation Bye-Laws in its entirety failing which can lead to disciplinary action.
The scale of pay and allowances of teachers in the schools affiliated to CBSE shall be at par with the similar qualification, work and experience as provided under sec. 23 (3) of RTE Act 2009 read with rule 20 (3) of RTE Rules 2010 and in accordance with rule 3.3 (i) (v) of Affiliation Bye-Laws. Further, in accordance with the provisions of rule 20 (2) of RTE Rules 2010 read with Chapter VII of Affiliation Bye-Laws, the school shall define and publish the terms and conditions of service of the teachers to create a professional cadre of teachers to impart quality education and ensure the learning outcomes to the students. The school shall also ensure timely promotion after completion of residency period and benefit of Modified Assured Career Progression (MACP) to its teachers at par with teachers working in the similar grade in Central/State Government schools. Schools shall also prescribe transparent and objective Annual performance Appraisal system on the lines similar to APAR in respect of teachers under Central/State Government, which shall be the basis for promotion and/or MACP. Moreover, school are required enter into a ‘contract of service’ with the teacher in accordance to Appendix III of Affiliation Bye-Laws or in the form prescribed by the State/U.T. Government, as the case may be. Section 27 of RTE Act 2009 emphasizes that teachers should be free from deployment to non-educational assignments and enable teachers to spend more time on school and classroom related activities. The statutory provision has been reiterated by the Ministry of Human Resources Development in September 2010. Further, CBSE in October 2016 issued a circular to all affiliated schools advising that teachers may not be deployed for non-academic activities.