Justice Biswajit Basu of Calcutta High Court directed the state education department on Monday to consider creating a portal outlining the rules for confirming the service of primary teachers on probation for over six months.
The judge expressed surprise when told that the services of hundreds of primary teachers had yet to be confirmed and that they were still on probation more than two years after their appointments.
The absence of confirmation means they are deprived of various facilities that permanent teachers enjoy.
During the hearing of a petition moved by 10 probationary teachers, the judge told advocate-general Kishore Datta: “It is a matter of surprise that the state education department does not have any specific rule for confirming the job of probationary teachers. There should be specific rules in the issue. Your education department is to open a portal as immediately as possible and announce the rule for confirming the services of probationary teachers.”
The judge further said: “The portal should also contain the education qualification of every primary teacher along with their specialised subjects. Their addresses and whereabouts should also be mentioned in it.”
The judge mentioned that apart from financial benefits, the teachers whose services have been confirmed are entitled to leave.
“A teacher cannot be forced to continue his service for an unlimited period as probationary staff,” he said.
The advocate-general assured the judge that the oral observations of the court would be conveyed to the education department.
Moving the petition by probationary primary teachers, their counsel Firdaus Shamim told the court that the district primary education councils have been entrusted with the task of confirming the jobs of primary teachers.
“Most such district primary councils are not constituted following the West Bengal Primary Education Act. They hardly function. Therefore, hundreds of such probationary teachers have been suffering for years,” he said.
According to the act, he said, the council should comprise the district inspector of schools, members of a panchayat samity and elected members representing primary teachers of the district concerned.
“From the time the Trinamool Congress came to power in 2011, the council has been run by a nominated chairman handpicked by the party. Such councils hardly work,” said Shamim.
The lawyer also demanded the announcement of the primary education policy about the confirmation of services of probationary teachers.
A senior official of the state primary education board said the commissioner of school education issues directives on the confirmation policy and the councils implement them.
“We hope the education department will take cognisance of Monday’s order and act accordingly,” he said.
An official of the department said once they get a copy of the order, they will decide accordingly.