Case Note & Summary
The petitioners, contractual teachers appointed under the Samagra Shiksha Abhiyan (formerly Sarva Shiksha Abhiyan), challenged their termination by the Government of Goa. They were appointed on contract basis for specific academic sessions and their services were terminated upon the government's decision to discontinue the scheme and adopt a new policy. The petitioners sought regularization of their services and challenged the termination as arbitrary and violative of Articles 14 and 21 of the Constitution. The court held that contractual teachers have no right to regularization and the government's policy decision to terminate them is not arbitrary. The court dismissed the petitions, upholding the termination.
Headnote
A) Service Law - Contractual Appointment - Samagra Shiksha Abhiyan - Termination - Teachers appointed on contract basis under Samagra Shiksha Abhiyan have no right to regularization or continuation of service beyond the contract period. The government's decision to discontinue the scheme and terminate contractual teachers is a policy decision not amenable to judicial review unless arbitrary or mala fide. (Paras 1-51) B) Constitutional Law - Article 14 - Reasonable Classification - Policy Decision - The classification of teachers into regular and contractual is based on intelligible differentia and has rational nexus with the object of providing flexible and need-based education. The termination of contractual teachers does not violate Article 14. (Paras 30-40) C) Right to Education - Right to Education Act, 2009 - Samagra Shiksha Abhiyan - The Right to Education Act does not mandate regularization of contractual teachers. The scheme is a centrally sponsored scheme and the state government has the discretion to decide the mode of appointment. (Paras 20-25)
Issue of Consideration
Whether the termination of services of contractual teachers appointed under Samagra Shiksha Abhiyan is arbitrary and violative of Articles 14 and 21 of the Constitution of India.
Final Decision
The court dismissed all three writ petitions, upholding the termination of the petitioners' services as contractual teachers under Samagra Shiksha Abhiyan.
Law Points
- Contractual appointment
- No right to regularization
- Policy decision
- Judicial review limited
- Samagra Shiksha Abhiyan
- Right to Education Act
- 2009
