The joint meeting of State government officials and representatives of All Nagaland Ad hoc Teachers’ Group (ANATG), ACAUT and Public Service Aspirants of Nagaland (PSAN) with senior additional advocate general ended in a deadlock, which made the agitating teachers decide to continue with their agitation.
The joint meeting was initiated by principal secretary School Education, Menukhol John at secretariat conference hall here on late Thursday afternoon to clear doubts and communication gaps on the interpretation of the High Court order W.P (C) NO 145 (K) /2017.
Senior additional advocate general (SAAG) K Sema clarified during the meeting that the July 2017 Gauhati High Court order was a blanket order that stayed the 2008 notification. Pointing out that the State government could not defy the court, Sema explained that unless the 2008 notification was set aside or modified, the government could not do anything on the issue.
The SAAG also informed the meeting that government had tried to help the ad hoc employees by passing another order in July 2017 to regularise the contractual and ad hoc teachers on completion of three years, however even that order was stayed by the High Court.
Claiming that the government was trying its best to explore if some relaxation could be given to the ad hoc teachers, Sema said the hearing was listed next week and that unless the court gave its final verdict, any decision would tantamount to contempt of court.
He added that impleading whether ad hoc teachers were included in the July 2017 court order did not materialise at this time since the order was stayed by court. Further, he said ACAUT did not have the right to say that the ad hoc teachers were not included in the blanket order since 2008 notification was also challenged in the court.
ANATG spokesperson Bendangtemsu Ozukum highlighted the plight of the ad hoc teachers and requested the government to move the court seeking relaxation of the ad hoc teachers from the purview of the July 2017 court order.
To this, John said even before the ad hoc teachers pointed out, the State government had already moved the court, adding that school education department had also prepared the required documents and submitted them to the court.
He sincerely requested the teachers to call off the agitation for the sake of students.
He also informed them that the government did try to show leniency to the ad hoc appointees by issuing another order, however both the 2008 and 2017 notifications were stayed by the court.
When asked for a written assurance, the principal secretary said what more could the government assure when it was already pursuing the matter with sincerity. Explaining that the government’s hands were tied, he appealed to the teachers to wait for the hearing listed next week.
Ozukum later said since the government could not give concrete response in writing, ANATG members decided to continue the agitation.
However, ACAUT member Tia Longkumer refused to comment as the matter was sub judice.
Meanwhile, All Nagaland School Teachers’ Association (ANSTA) submitted its observation on the issue. Signed by its president Ponchulo Wanth and general secretary Visato Kozo, ANSTA requested the School Education department to move interlocutory application through a fast track court in view of the gravity of the situation and pray for modification of the interim order seeking relaxation for the 1,166 ad hoc teachers.
Meanwhile, ANATG also submitted a 9-point representation at the joint meeting, DIPR stated.
ANATG pointed out that the writ petition no. 145(K) 2017 filed against the backdoor appointment of 706 posts in 35 departments, were filled up through back door appointments means without advertisement and against the government standing recruitment procedure.
Therefore, ACAUT and PSAN filed a case against the practice of backdoor appointment and asked for termination of the appointment by requisitioning the posts to NPSC for recruitment.
ANATG said that case had impleaded only those posts which were to be requisitioned to the NPSC for requirements through advertisement.
However, it said the posts of 1166 Adhoc teachers were all grade three posts and did not fall within the purview of NPSC recruitment norms, and were to be appointed within the department as per the service rules of the concerned department.
Citing August 30, 2011 government notification, Amendment Regulation 15(i) clause (ii), it said that this regulation was not applicable for recruitment to the posts of stenographer, police, police under Vigilance Commission and school teachers, for which posts the department concerned were to follow its respective rules.
ANATG said ACAUT and PSAN had made their stand that Writ petition no.145 (K)/2017 did not implead school teachers in any manner since they were outside the purview of NPSC recruitment norms. Their stand had been substantiated in their letter written to CMO on 11.11.2017, asking to drop certain agendas in the proposed cabinet meeting, wherein the agenda No.42 pertaining to service regularization of 1166 ad hoc teachers was not touched by ACAUT and PSAN’s letter, ANATG stated.
Therefore, the group has requested the competent authority to move for Interlocutory Application before the Court by relaxing 1166 Adhoc Teachers from the said case.
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