The Allahabad High Court directed the Special Task Force (STF) to verify the appointment letters and educational records of all teachers posted in government-run basic schools in Uttar Pradesh that teach students in Classes I to VIII.
According to Live Law, a bench of Justice Vinod Diwakar directed teachers of Classes 1 to 8 to furnish legible copies of their appointment letters and educational documents to the Basic Shiksha Adhikari (BSA) concerned within a week of receipt of the notification issued from the office of the BSA.
These documents include those relating to High School, Intermediate, Graduation, B.Ed./B.T.C. (D.El.Ed., B.El.Ed., etc.), TET/CTET.
The Allahabad High Court passed an order on October 16.
Why did Allahabad HC take this action?
The direction was issued after the court was apprised that a large number of teachers in Uttar Pradesh had obtained employment based on forged documents or by using another person's documents.
The matter came to light when a writ petition was filed before the court by one Kusumlata, seeking a direction to the District Basic Education Officer, Sant Kabir Nagar, to approve her appointment as an Assistant Teacher and release her salary.
As per Live Law, the woman claimed that she was appointed in Siddharth Nagar district on January 2, 2006 and was promoted on July 12, 2010.
However, she was placed under suspension on February 11, 2021, over the allegations that she used forged documents to secure her appointment.
According to the State's counsel, an inquiry initiated against her had found that she had used forged educational documents belonging to another teacher, Kusumlata Srivastava, who is posted at a school in Gorakhpur district, the report added.
On October 8, the court had directed the petitioner to appear before the Additional Superintendent of Police, Special Task Force (STF), Lucknow, on October 12 and 13, along with all her documents and claims.
The court had also directed the STF to inquire into the validity and genuineness of the documents within one week and submit a report to the court.
However, the petitioner did not appear before the STF on either date and also avoided submitting her educational qualifications for verification.
Her counsel claimed on the previous date that she had recently undergone surgery and was on bed rest. However, no one appeared on her behalf when the matter was taken up.
'10 or more obtained employment on single set of documents'
According to the report, the bench was also informed that the Special Task Force (STF) investigation even revealed that a large number of teachers in the State obtained employment by forging documents.
The bench was further apprised that in several instances, 10 or more persons have obtained employment against a single set of educational documents.
The bench referred to an earlier order passed by a coordinate Bench, where directions were issued for action against teachers who had secured appointments by playing fraud upon the authorities, including cancellation of appointments and recovery of salary wherever permissible.
In that case, the court had also directed disciplinary and penal action against officials found to have colluded with, abetted, or deliberately ignored such fraudulent appointments.
Taking into account the state of affairs, the court directed a statewide verification exercise.
What UP govt school teachers need to do now?
While teachers have to submit legible copies of appointment letters and educational documents, they have also been directed to file notarised affidavits disclosing the particulars of specified immediate relatives, whether serving or retired, who have held office in the Uttar Pradesh Education Department at the level of BSA and above.
The specified relatives include spouses, parents, children, in-laws, siblings-in-law and first-degree cousins. Teachers without such relatives must file an undertaking to that effect.
The high court directed BSAs to issue instructions to school headmasters to ensure compliance. Their offices must compile an Excel sheet recording each teacher's name, appointment date, qualifications, the minimum qualification required at the relevant time, and the merit score under the applicable Gazette notification.
The documents and compiled information must be forwarded to the concerned STF Range Office.
The Director of Education will supervise the exercise, while the Additional Director General of Police, STF, will supervise verification and investigation, as per Live Law.
The court also cautioned that any "laxity or dereliction of duty" by the officers concerned would be viewed seriously and that they may be held personally accountable.
The court also linked fraudulent appointments to the deteriorating quality of primary education, observing that the closure of many primary schools due to declining student numbers was not due to a lack of resources alone.
"A teacher should always bear in mind that subject knowledge at the level taught is not the only quality of a good teacher," the court observed.
It highlighted the importance of pedagogic ability, regular attendance, patience and fairness towards children.
It noted that a large number of primary schools have been closed down, principally on account of a shortfall in the number of students.
"That shortfall is not attributable to a want of resources, but to the deteriorating quality of the education imparted and to the inadequate performance of the teachers," it remarked.
The matter has been listed for November 4.