This Report presents the analysis, findings and recommendations of a study conducted by the Centre for Law and Policy Research on the use of the courts for grievance redressal by teachers in government and government-aided private schools in nine States in India for the period from 2009 to June 2014.
The study is based largely on an empirical analysis of the judgments of the High Courts in nine States (Jharkhand, Karnataka, Madhya Pradesh, Mizoram, Odisha, Punjab and Haryana, Rajasthan, Tamil Nadu, Uttar Pradesh) and attempts to further our understanding of the grievance redressal process for teachers by presenting a picture of (a) the types of grievances that cause teachers to approach the High Courts and (b) how these grievances are then managed and resolved by the High Courts.
I. Introduction
Teacher motivation is often considered to be one of the keys to enhancing the quality of an education system. This motivation, in turn, depends on a large number of factors – the perception of teaching as a profession, the pre-and post-service training offered to teachers, their working conditions, benefits, and opportunities for professional development, to name a few. The National University of Education Planning and Administration (“NUEPA”) has initiated a study of the working conditions of teachers in primary and secondary government schools in 10 states in India. This report is intended to supplement the NUEPA Study and focuses on one aspect of teacher working conditions – the process by which teachers in government schools and private schools that receive grant-in-aid from the government use the courts to redress their grievances. The Report is based largely on an empirical survey of court cases involving teacher grievances from the High Courts of nine States in India and attempts to provide some insights into the grievance redressal systems across these nine States using both quantitative and qualitative methods of analysis.
We believe that looking into the system for addressing teacher grievances is important for two reasons. First, the mechanisms available for redressal of grievances are a key component of one’s working conditions. This study attempts to further our understanding of the grievance redressal process for teachers by presenting a picture of the types of grievances that cause teachers to approach the High Courts in their respective states and how these grievances are then managed and resolved by the High Courts. Second, there is a general perception that teachers and state education department officials spend a significant portion of their time in courts trying to resolve teacher grievances. One of the objectives of this study is, therefore, to understand the grievance redressal process for teachers with a view to making recommendations on how the courts can address and resolve teacher-related grievances more efficiently, while at the same ensuring that the legitimate concerns of teachers are addressed…