Smt. Archana Boodh vs State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Basic Edu. Lko. & Ors.

Submissions of the petitioners

Submissions of the Respondent(s)

Schemes and Establishment of KGBVs

5. Teachers:

5.1.

Teachers truly shape the future of our children and, therefore, the future of our nation. It is because of this noblest role that the teacher in India was the most respected member of society. Only the very best and most learned became teachers. Society gave teachers, or gurus, what they needed to pass on their knowledge, skills, and ethics optimally to students. The quality of teacher education, recruitment, deployment, service conditions, and empowerment of teachers is not where it should be, and consequently the quality and motivation of teachers does not reach the desired standards. The high respect for teachers and the high status of the teaching profession must be restored so as to inspire the best to enter the teaching profession. The motivation and empowerment of teachers is required to ensure the best possible future for our children and our nation.

Recruitment and Deployment

5.2.

To ensure that outstanding students enter the teaching profession - especially from rural areas - a large number of merit-based scholarships shall be instituted across the country for studying quality 4- year integrated B.Ed. programmes. In rural areas, special merit-based scholarships will be established that also include preferential employment in their local areas upon successful completion of their B.Ed. programmes. Such scholarships will provide local job opportunities to local students, especially female students, so that these students serve as local-area role models and as highly qualified teachers who speak the local language. Incentives will be provided for teachers to take up teaching jobs in rural areas, especially in areas that are currently facing acute shortage of quality teachers. A key incentive for teaching in rural schools will be the provision of local housing near or on the school premises or increased housing allowances.

Judgments relied upon by the parties

“159.

Quality of teachers and teaching standards are integral to the fundamental right to education under Article 21-A cannot perhaps be doubted. This Court, times without number, has emphasized that “education” would be meaningless if it is not accompanied by quality education, which is primarily dependent on qualified and well-trained teachers. Further, it is the State's constitutional obligation to ensure that educational institutions maintain high teaching standards, and appointments of teachers should strictly adhere to prescribed qualifications to maintain these educational standards.

160.

The importance of training for teachers was discussed by this Court in N.M. Nageshwaramma v. State of A.P. [N.M. Nageshwaramma v. State of A.P., 1986 Supp SCC 166] Mushrooming of unauthorised teacher training institutes in the State of Andhra Pradesh was under consideration. While dismissing the writ petitions before it, the concern expressed more than forty years back by this Court appears to be relevant even now. It was said: (SCC p. 171, para 3)

“3.

… The Teachers Training Institutes are meant to teach children of impressionable age and we cannot let loose on the innocent and unwary children, teachers who have not received proper and adequate training. True they will be required to pass the examination but that may not be enough. Training for a certain minimum period in a properly organised and equipped Training Institute is probably essential before a teacher may be duly launched.”

161.

This Court in Andhra Kesari Educational Society v. Director of School Education [Andhra Kesari Educational Society v. Director of School Education, (1989) 1 SCC 392] upon deciding the lis before it made the following parting remarks:

“20.

… Though teaching is the last choice in the job market, the role of teachers is central to all processes of formal education. The teacher alone could bring out the skills and intellectual capabilities of students. He is the ‘engine’ of the educational system. He is a principal instrument in awakening the child to cultural values. He needs to be endowed and energised with needed potential to deliver enlightened service expected of him. His quality should be such as would inspire and motivate into action the benefiter. He must keep himself abreast of everchanging conditions. He is not to perform in a wooden and unimaginative way. He must eliminate fissiparous tendencies and attitudes and infuse nobler and national ideas in younger minds. His involvement in national integration is more important, indeed indispensable. It is, therefore, needless to state that teachers should be subjected to rigorous training with rigid scrutiny of efficiency. It has greater relevance to the needs of the day. The ill-trained or sub-standard teachers would be detrimental to our educational system; if not a punishment on our children. The Government and the University must, therefore, take care to see that inadequacy in the training of teachers is not compounded by any extraneous consideration.”

162.

Similarly, the significance of quality training to equip teachers to mould the future citizenry of the country, was discussed in State of Maharashtra v. Vikas Sahebrao Roundale [State of Maharashtra v. Vikas Sahebrao Roundale, (1992) 4 SCC 435] . The relevant passage reads thus: (SCC pp. 438-39, para 12)

“12.

… The teacher plays pivotal role in moulding the career, character and moral fibres and aptitude for educational excellence in impressive young children. Formal education needs proper equipping of the teachers to meet the challenges of the day to impart lessons with latest techniques to the students on secular, scientific and rational outlook. A well-equipped teacher could bring the needed skills and intellectual capabilities to the students in their pursuits. The teacher is adorned as Gurudevobhava, next after parents, as he is a principal instrument to awakening the child to the cultural ethos, intellectual excellence and discipline. The teachers, therefore, must keep abreast of ever-changing techniques, the needs of the society and to cope up with the psychological approach to the aptitudes of the children to perform that pivotal role. In short teachers need to be endowed and energised with needed potential to serve the needs of the society. The qualitative training in the training colleges or schools would inspire and motivate them into action to the benefit of the students.”

163.

Then again, this Court in State (UT of Chandigarh) v. Rajni Vali [State (UT of Chandigarh) v. Rajni Vali, (2000) 2 SCC 42] reiterated the State's obligation to maintain a certain standard of teaching and that appointment of qualified teachers was the bare minimum to be achieved in any institution by holding thus: (SCC p. 46, para 6)

“6.

The position has to be accepted as well settled that imparting primary and secondary education to students is the bounden duty of the State administration. It is a constitutional mandate that the State shall ensure proper education to the students on whom the future of the society depends. In line with this principle, the State has enacted statutes and framed rules and regulations to control/regulate establishment and running of private schools at different levels. The State Government provides grant-in-aid to private schools with a view to ensure smooth running of the institution and to ensure that the standard of teaching does not suffer on account of paucity of funds. It needs no emphasis that appointment of qualified and efficient teachers is a sine qua non for maintaining high standards of teaching in any educational institution.”

164.

In State of Orissa v. Mamata Mohanty [State of Orissa v. Mamata Mohanty, (2011) 3 SCC 436 : 4 SCEC 96] , the central role played by a teacher in shaping individuals, and future citizens, was emphasized to establish that the State must be uncompromising when it comes to quality of teachers recruited. This Court ruled: (SCC p. 451, paras 33-34)

“33.

In view of the above, it is evident that education is necessary to develop the personality of a person as a whole and in totality as it provides the process of training and acquiring the knowledge, skills, developing mind and character by formal schooling. Therefore, it is necessary to maintain a high academic standard and academic discipline along with academic rigour for the progress of a nation. Democracy depends for its own survival on a high standard of vocational and professional education. Paucity of funds cannot be a ground for the State not to provide quality education to its future citizens. It is for this reason that in order to maintain the standard of education the State Government provides grant-in-aid to private schools to ensure the smooth running of the institution so that the standard of teaching may not suffer for want of funds.

34 Article 21-A has been added by amending our Constitution with a view to facilitate the children to get proper and good quality education. However, the quality of education would depend on various factors but the most relevant of them is excellence of teaching staff. In view thereof, quality of teaching staff cannot be compromised. The selection of the most suitable persons is essential in order to maintain excellence and the standard of teaching in the institution. It is not permissible for the State that while controlling the education it may impinge the standard of education. It is, in fact, for this reason that norms of admission in institutions have to be adhered to strictly. Admissions in mid-academic sessions are not permitted to maintain the excellence of education.”

“26.

… education and particularly that elementary/basic education has to be qualitative and for that the trained teachers are required. The legislature in its wisdom after consultation with the expert body fixes the eligibility for a particular discipline taught in a school. Thus, the eligibility so fixed requires very strict compliance and any appointment made in contravention thereof must be held to be void.”

166.

While reflecting on free and compulsory education, we cannot, therefore, be oblivious of the need for quality education to be imparted to children aged between 6 and 14 years. Compromising the quality of a teacher would necessarily compromise quality of education, and is a direct threat to the right of children to quality education which is a necessary concomitant of the right guaranteed by Article 21-A. This, in turn, would render the entire object and purpose of the RTE Act meaningless. In the sphere of primary education, a qualified teacher, at the very least, would be an assurance of quality education. Quality of education is, therefore, inherent in the right to education under Article 21-A.”

“25.

Dr. Sarvepalli Radhakrishnan believed that the relationship between teachers and students is of a sacred character. He further stated that “the kind of education that we provide for our youth is determined overwhelmingly by the kind of men and women we secure as teachers.” It is in the light of this elevated ideal that the present case must be understood. With the para- teachers’ long-stated experience, the claim for regularisation is certainly a legitimate expectation. However, whether the para-teachers deserve a regular government post, is subsumed by the educational standards expected by the State from its teachers and the short-term and long-term goals that the State has set for itself in imparting education to its wards. The need of the hour is to strengthen education, particularly at the primary and secondary levels, rather than subsidising it with ad hoc measures. Providing education itself is not the objective, but providing comprehensive, high-quality education is. While the para-teachers desire that they be made Assistant Teachers, their desirability is tested by the Government to provide the best teachers in the field. In brief, the State examines the individual’s desire to determine whether the individual deserves to hold the post. Whether this balance has been correctly struck within the framework of Article 14, 16 and 309 of the Constitution of India is the central question we have answered in these Appeals.”

“… whether part time contractual instructors/ teachers appointed in Upper Primary School in the State of U.P. are entitled to revision of their honorarium of Rs.7,000/- per month which was fixed for a contract period of eleven months in the year 2013 or would continue to receive the same fixed honorarium.”

“31.

In order to appreciate the issue at hand it is important to first examine the position/status accorded to the teachers in the Indian society.

32.

In the larger narrative of nation-building, the energy, idealism, and strength of the youth are rightly recognised as the driving force of progress. Yet, this raw potential requires direction, and it is the teacher who shapes it into a constructive and purposeful force. The true foundation of a strong nation does not lie merely in the size of its young population, but in the character and values of its citizens. It is here that the teacher emerges as the most crucial catalyst.

33.

It has been rightly observed that the real meaning of nation-building lies in shaping character and refining personality. While parents bear the primary responsibility of nurturing values, teachers play an equally vital and decisive role. They engage with young minds during their most formative years and, in doing so, profoundly influence attitudes, conduct, and ideals. When parents and teachers work together to instill discipline, moral values, and social responsibility, the foundations of a stable and principled nation are laid.

34.

This role of the teacher is beautifully captured in the verse, “रवि रहेगा विसके पीछे, व ही अरुण भेदेगा तम।” When the sun stands behind a youth, darkness cannot remain before them. In this verse, the sun symbolises knowledge, clarity, and truth, while darkness represents ignorance and confusion. In this sense, the teacher stands in the place of the sun. With a teacher's guidance, a student is never truly lost. The teacher's wisdom and values remain as a constant source of strength and direction, enabling the student to overcome ignorance and move towards understanding, just as dawn dispels the darkness of night.

35.

Therefore, if we seek a better future for the nation, we must recognise, value and support teachers who are quietly shaping the country's destiny by moulding character, instilling values, and guiding the youth.

36.

Culturally, India has always recognized teachers equivalent to God. This Indian concept is universally known and is reflected in the following couplet: “गुरु ब्रह्मा गुरु विष्णु, गुरु देवो महेश्वर। गुरु साक्षात् परब्रह्म, तस्मै श्री गुरवे नमः ॥” This couplet elevates teacher to divine level by recognizing teacher's crucial role in shaping its pupils' character and life. It recognizes teacher's contribution in imparting knowledge and preserving correct values through relentless and continuous guidance. Thus, a teacher is a divine channel and not merely an instructor who acts as a guiding force in nurturing insight and enlightening thoughts. He is a divine trinity.

37.

In India, while teachers have been given stature equivalent to the God, there have been instances where they are placed above God. This is reflected from the following couplet: “गुरु गोबिंद दोऊ खड़े, का के लागीं पांय। बलिहारी गुरु आपने, जिन गोबिंद दियो बताय ॥” This verse highlights the supreme importance of teacher. It presents a situation where when teacher and God appears in front of you, it is always better to bow down to the teacher first then God as he is a person who awakens our life and introduces us to God. It conveys that while God represents truth, it is teachers who help us reach the truth, the God. Therefore, in all humility, the Indian culture, society and ethos place teachers, if not higher to the God but, at least equivalent to them. Teachers command the highest respect in society and are revered/worshipful as Gods.

38.

It is in the above scenario that we have to consider the manner in which our primary teachers have to be treated, who are responsible for the character building of the generation next i.e. Bharat Bhagya Vidhata. They are the ones who build the character of new generation. Character building of the citizens is the foundation for the nation building. If this foundation is weak, the nation is bound to collapse. Therefore, we must accord the highest regard and respect to our teachers at all levels, even at the level of the government, especially the primary teachers. They have to be compensated for their work most suitably. In fact, no honorarium would be enough to compensate the services rendered by our teachers.

“40.

There is another reason to treat them as teachers at par with other teachers. The part time contractual instructors/teachers appointed in Upper Primary Schools possesses the basic educational qualifications and eligibility as set out by the National Council for Teachers Education which are at par with the norms laid down for appointment of regular teachers. In this view of the matter, the part time contractual instructors/teachers appointed by the State Government under the Scheme are in no way inferior to the regular teachers or the Assistant Teachers appointed otherwise under the scheme.

41.

Secondly, part time contractual instructors/teachers of the Upper Primary School are not even part time teachers, though they are described so. It is for the simple reason that their appointment itself vide Clause 5 of their service contract stipulates that they are being appointed with the condition that they would not directly or indirectly take up any part time appointment or whole-time job anywhere else. The moment Government prohibits these instructors/teachers from taking any part time or whole-time job anywhere else, they should de facto be treated as full time teachers. Part time teachers are those who teaches part time during the day and do other work in the remaining time. However, nothing has been placed on record to show that they actually work part time and do not discharge duties equivalent to those that are discharged by regular teachers. They are instructors/teachers who actually work full time like any other teacher and cannot even take up any other work during their spare time. Thus, in fact, they are whole time teachers.”

“42.

In other words, the nomenclature used to describe the instructors/teachers as part time contractual teachers is completely deceptive. They neither remain contractual teachers after the expiry of the contractual period nor they are part time teachers especially when no material has been put forth to show that they work only part time and do not possess equivalent qualification as that of the regular teachers or that they do not discharge equal duties as are expected from the regular teachers.

43.

There is another important facet of the matter which needs to be addressed by us. The appointment of these part time contractual instructors/teachers, though for a limited period of one year, has undisputedly continued for over ten years in a row. The scheme adopted by the State Government envisages for appointment of one such instructor/teacher for every hundred students; meaning thereby, that for every hundred students in a school, one instructor/teacher is mandatory. Thus, it flows from abovementioned facts that though posts for such teachers have not been specifically created but by virtue of their continuous engagement and subsistence of the scheme, they have acquired certain degree of permanency and the posts stand created or deemed to be created per se automatically. Notably, these part-time contractual instructors/teachers were discharging duties similar to regular teachers including teaching up to eight periods in a day, thereby performing the same workload and responsibilities as regular teachers. In view of constitutional mandate of providing free education up to primary levels, the State Government cannot abandon the scheme and render the Upper Primary Education meaningless, as it would be in conflict with the Act. Accordingly, the nature of work assigned to these instructors/teachers is apparently of a permanent nature. The conclusion is, therefore, inevitable that the appointments of these instructors/teachers are more or less of a permanent nature and against a post which is deemed to have been created substantively.

44.

The appointment of these instructors/teachers, even if held to be contractual, part time or even temporary in nature, there is hardly any scope to replace these instructors/teachers by a fresh contractual, part time or temporary instructor/teacher inasmuch as these are the persons who are not only qualified but have acquired some experience of working and are definitely more suitable than the freshers. It goes without saying that an ad hoc employee cannot be replaced by another ad hoc employee, a temporary employee cannot be replaced by another temporary employee, a contractual employee cannot be replaced by another contractual employee and the guest employee by another guest employee. The incumbents working as aforesaid are entitled to preference in comparison to the new candidates, unless of course there is anything against them. In fact, practice of engaging employees on ad hoc, temporary, part time, contractual or as guest ought to be avoided and the Government should strictly adhere to proper procedure for regular recruitment.

45.

In the instant case, all appointments of the instructors/teachers were made by following the procedure prescribed under the scheme pursuant to a proper advertisement. In a sense, they were all substantively appointed, maybe there was no sanctioned post but the sanction of the post is deemed to be there as the nature of the work assigned to these instructors/teachers is of a permanent nature which in all probabilities is of a continuing nature and is not likely to be abandoned or curtailed in any manner. The term “substantive appointment” is not so defined but in service jurisprudence is considered to mean an appointment, not being an ad hoc appointment, on a post made after selection in accordance with the rules and in the absence of the rules in accordance with the procedure prescribed for under any scheme or the instructions of the Government. Therefore, once these instructors/teachers have undergone the process of selection under the scheme regardless of the fact that there existed a post, their appointments have to be treated as substantive in character.”

“47.

In Jaggo v. Union of India and Ors. 2024 SCC Online SC 3826 this Court observed that it is a hard reality that temporary employees, particularly in Government institutions often face multifaceted forms of exploitation which include misuse of “temporary labels”, “lack of career progression” and “denial of basic rights and benefits”. It further observed that employees engaged for work which is essentially recurring and integral to the functioning of an institution are often labeled as “temporary” or “contractual” employees even though their roles mirror those of regular employees. Such deceptive description of the employees deprives them of their dignity, security and benefits that other regular employees are entitled to, despite performing identical duties. These employees often find themselves excluded from opportunities for skill development, promotions or incremental pay raises, and they remain stagnant in their roles. They are deprived of fundamental benefits such a pension, provident fund, health insurance and paid leave even though they work for decades resulting in social insecurity.”

“49.

At this juncture it would be necessary to advert to yet another submission that has been put forth by the State. It is contended that the fixation of honorarium of these instructors/teachers is a policy decision wherein Court has no role to play. This cannot be accepted in the facts and circumstances of the case. The fixation of honorarium to the instructors/teachers may be a policy decision but it cannot be exercised in an arbitrary manner so as to subject the instructors/teachers to ‘Begar’. The honorarium has to be fixed in consonance with the duties assigned to these instructors/teachers depending upon their stature. Therefore, any policy decision of the Government permanently fixing the honorarium of the instructors/teachers for all times to come, cannot be justified and approved of as periodical revision depending upon the price rise, cost of living and other host of factors. It is always permissible to revise the honorarium once fixed, not only in the case of instructors/teachers but also in the employment of workers/labourers.”

“54.

Article 23 of the Constitution provides with a general prohibition against “traffic in human beings, beggar and other similar forms of forced labour”. In the landmark case of People’s Union For Democratic Rights v. Union of India, (1982) 3 SCC 235, the Supreme Court has adopted an expansive interpretation of Article 23 of the Constitution. The court explained the meaning of “Forced labour” to encompass any work or service rendered unwillingly as a result of force or compulsion. It held that “force” under Article 23 of the Constitution not only includes physical or legal force but also economic compulsion due to which the individual is left with no other alternative but to accept renumeration less than the minimum wages. It was held that when a person is rendering service or doing labour at a meagre amount less than the minimum wages, then he is not voluntarily working, he is being forced by his economic hardship to accept the pay. The case also covers contractual workers who may have formally agreed to such terms, as such agreements are often the product of uneven bargaining power and do not represent free and voluntary consent in a substantive sense. Thus, this Article takes a hit at every form of forced labour, whether it is a direct case of forced labour or case of forced labour hidden under the guise of voluntary work or contractual work. Any unfair practice fixing remuneration of these instructors/teachers permanently as Rs.7,000/- per month or Rs. 8,470/- per month for all times is a kind of forced labour amounting to ‘Begar’ which is strictly prohibited under Article 23 of the Constitution.”

“55.

In the present case, the further unilateral reduction of the already low renumeration has placed these part time instructors/teachers in place of economic vulnerability. These instructors’/teachers’ position is worsened by Clause 5 of their employment contract, which explicitly prohibits them from taking up any other employment, part-time or wholetime. This clause, operating in tandem with the State’s unilateral wage reduction, creates a coercive cage. The instructors/teachers are left with no alternative, they cannot seek supplementary income elsewhere due to the contractual bar, and they cannot refuse the reduced wages due to economic necessity. This complete deprivation of choice is the essence of the “force” contemplated in the abovementioned case.

56.

Consequently, the State’s actions has created a condition of economic coercion that is inconsistent with the constitutional safeguards against forced labour. The State’s action of withdrawing a legitimately enhanced wage and then allowing honorarium to remain artificially depressed would, in substance, be inconsistent with the spirit of Article 23 of the Constitution which prohibits all forms of forced labour. The State, under the guise of contractual management or financial constraint, cannot compel labours/teachers to such coercive circumstances.

57.

In view of the above discussion, one thing is very clear that the honorarium fixed for these instructors/teachers under the contract cannot remain stagnant and is revisable suitably on periodical basis and that if once revised and increased cannot be reduced for subsequent periods.

58.

Now the issue is the manner and the basis on which the honorarium payable to these instructors/teachers has to be revised and fixed.”

“69.

A simple reading of the aforesaid provision reveals that the State Government shall take into account not only the sums provided by the Central Government to the State Government but also its other resources and shall be responsible to provide funds for the implementation of the provisions of the Act. Therefore, an onerous duty has been cast upon the State Government to implement the provisions of the Act vis-à-vis the payment of honorarium to the instructors/teachers. Therefore, in all earnest, it is primary duty of the State Government to pay honorarium to the instructors/teachers appointed under the Act or the scheme formulated thereunder. In the event, the Central Government fails to contribute its share of finances, the State Government is free to recover it from the Central Government but cannot deny payment to instructors/teachers. The principle of “pay and recover” as such would be attracted and would be applicable.”

“70.

On the basis of the above discussion, we conclude as un-der: -

i)

The appointment of the part time or contractual instructors/ teachers in fact no longer remains contractual in nature once the contract period of eleven months for which they were ini-tially appointed or the extended contract period stood expired;

ii) They were not even part time instructors/teachers as they were specifically prohibited for taking any job or part time em-ployment elsewhere during their spare time;

iii) In fact, these instructors/teachers having continued contin-uously for over ten years in a row are deemed to be employed permanently against deemed substantive posts, as with the passage of time and keeping in mind the continuity of the work, such posts stand automatically created;

iv) The PAB is the sole central authority to manage budget and finances under the Act and the scheme and to fix honorarium for the instructors/teachers appointed thereunder. No other au-thority has any say in the matter concerning finance and bud-get consequently in the fixation of honorarium;

v)

The PAB having once approved the proposal for fixing Rs.17,000/- per month as honorarium to these instructors/ teachers, no authority can sit over such a decision and pass orders contrary to it;

vi) The initial burden to pay honorarium to the instructors/ teachers is upon the State Government who is free to recover the contribution of the Central Government from the Union of India on the principle of “pay & recover”;

vii) The honorarium payable to these instructors/teachers can-not be permitted to remain stagnant and the same is revisable periodically at least once in three years by the PAB or any other authority as may be determined by the Central Govern-ment/State Government under the scheme or the modified scheme;

viii) Any action of the State/Union Government to employ in-structors/teachers on a fixed honorarium of Rs.7,000/- per month as was initially fixed in 2013-14 amounts to ‘Begar’ and unfair practice which is violative of Article 23 of the Constitu-tion;

ix) The PAB having fixed honorarium to these instructors/ teachers at the rate of Rs.17,000/- per month with effect from the year 2017-18, the State Government/Central Government is not justified in paying them at a lesser rate of either Rs.8,470/- or Rs.9,800/- or at the basic rate of Rs.7,000/- per month.”

“68.

The repeated undertakings given by the State before the High Court, coupled with the earlier implementation of the Cabinet decision in favour of nearly 30,000 similarly situated workers, clearly gave rise to a legitimate expectation in the minds of the appellants who were deprived of the benefits of the policy. In the maze of administrative deficiencies, they were entitled to expect that the policy decision would be im-plemented in a fair, complete and nondiscriminatory manner, and that their cases would also be considered as part of the same exercise. Though legitimate expectation does not create a vested right, it is firmly rooted in the principles of fairness and non-arbitrariness that flows from Article 14 of the Con-stitution.

69.

A three-judge bench of this Court in National Buildings Construction Corporation v. S. Raghunathan, (1998) 7 SCC 66 explained the doctrine of legitimate expectation in the fol-lowing terms: -

“The doctrine of "legitimate expectation" has its gene-sis in the field of administrative law. The Government and its departments, in administering the affairs of the country, are expected to honour their statements of policy or intention and treat the citizens with full per-sonal consideration without any iota of abuse of dis-cretion. The policy statements cannot be disregarded unfairly or applied selectively. Unfairness in the form of unreasonableness is akin to violation of natural jus-tice. It was in this context that the doctrine of "legiti-mate expectation" was evolved which has today be-come a source of substantive as well as procedural rights. But claims based on "legitimate expectation" have been held to require reliance on representations and resulting detriment to the claimant in the same way as claims based on promissory estoppel.” (Emphasis supplied) ”

“State as model employer: -

11.

At the outset, we find it necessary to express our disap-proval of the manner in which the High Court has ap-proached the present lis. The controversy before the Court was not one of mere acquiescence or implied waiver of rights. The High Court, in our view, has proceeded on a me-chanical application of precedents without engaging with the core constitutional issues involved, thereby reducing the dispute to one of acceptance of contractual terms, divorced from its larger constitutional context.

11.1.

This Court has consistently held that the State, being a model employer, is saddled with a heightened obligation in the discharge of its functions. A model employer is expected to act with high probity, fairness and candour, and bears a social responsibility to treat its employees in a manner that preserves their dignity. The State cannot be permitted to ex-ploit its employees or to take advantage of their vulnerabil-ity, helplessness or unequal bargaining position.

11.2.

It therefore follows that the State is required to exer-cise heightened caution in its role as an employer, the con-stitutional mandate casting upon it a strict obligation to act as a model employer, an obligation from which no exception can be countenanced.

Fundamental Rights and their waiver:

11.3.

In the present case, the appellants were appointed by the respondent-State against sanctioned posts of Junior En-gineers (Agriculture), with the engagement being described from the inception as contractual in nature. The terms and conditions governing the engagement stipulated that the ap-pointment would be for an initial period of one year, extend-able thereafter subject to satisfactory performance.

11.4.

The respondent-State accordingly granted extensions to the appellants from time to time until the year 2023, when it was expressly clarified that the extension being granted would be the last. It was thereafter that the appellants ap-proached the High Court by filing writ petitions seeking a writ of mandamus directing the State to regularize their ser-vices.

11.5.

The consistent case of the appellants has been that the respondent-State’s refusal to grant regularization is arbi-trary and therefore warrants judicial interference. Article 14 of the Constitution casts a negative obligation upon the State to treat all persons equally, and arbitrariness, being antithetical to the equality principle, is proscribed as viola-tive of Article 14.

Unconscionable Agreements- Contract between Lion and Lamb:

“89.

. . . We have a Constitution for our country. Our judges are bound by their oath to “uphold the Consti-tution and the laws”. The Constitution was enacted to secure to all the citizens of this country social and eco-nomic justice. Article 14 of the Constitution guaran-tees to all persons equality before the law and the equal protection of the laws. The principle deducible from the above discussions on this part of the case is in consonance with right and reason, intended to se-cure social and economic justice and conforms to the mandate of the great equality clause in Article 14. This principle is that the courts will not enforce and will, when called upon to do so, strike down an unfair and unreasonable contract, or an unfair and unrea-sonable clause in a contract, entered into between parties who are not equal in bargaining power. It is difficult to give an exhaustive list of all bargains of this type. No court can visualize the different situa-tions which can arise in the affairs of men. One can only attempt to give some illustrations. For instance, the above principle will apply where the inequality of bargaining power is the result of the great disparity in the economic strength of the contracting parties. It will apply where the inequality is the result of circum-stances, whether of the creation of the parties or not. It will apply to situations in which the weaker party is in a position in which he can obtain goods or services or means of livelihood only upon the terms imposed by the stronger party or go without them. It will also apply where a man has no choice, or rather no mean-ingful choice, but to give his assent to a contract or to sign on the dotted line in a prescribed or standard form or to accept a set of rules as part of the contract, however unfair, unreasonable and unconscionable a clause in that contract or form or rules may be. This principle, however, will not apply where the bargaining power of the contracting parties is equal or almost equal. This principle may not apply where both parties are businessmen and the contract is a commercial transaction. In today's complex world of giant corpora-tions with their vast infrastructural organizations and with the State through its instrumentalities and agen-cies entering into almost every branch of industry and commerce, there can be myriad situations which result in unfair and unreasonable bargains between parties possessing wholly disproportionate and unequal bar-gaining power. These cases can neither be enumerated nor fully illustrated. The court must judge each case on its own facts and circumstances.” (emphasis laid)

“23.

As held by this Court, a right to equality guaranteed under Article 14 of the Constitution of India would also apply to a man who has no choice or rather no meaningful choice, but to give his assent to a contract or to sign on the dotted line in a prescribed or standard form or to accept a set of rules as part of the contract, however unfair, unrea-sonable and unconscionable a clause in that contract or form or rules may be. We find that the said observations rightly apply to the facts of the present case. Can it be said that the mighty Union of India and an ordinary soldier, who having fought for the country and retired from Regular Army, seeking re-employment in the Territorial Army, have an equal bargaining power. We are therefore of the consid-ered view that the reliance placed on the said document would also be of no assistance to the case of the respon-dents.” (emphasis laid)

Therefore, it is clear that Courts are empowered to invali-date unconscionable elements of a contract where the par-ties lack the ability to exercise any real or meaningful choice in negotiating its terms. In the present case, the ap-pellants were left with no alternative but to accept the con-ditions unilaterally prescribed by the respondent-State in or-der to secure their livelihood and sustain a source of in-come. It would be entirely unrealistic to assume that, in such circumstances, an employee seeking temporary employment could meaningfully negotiate or assert a position against the overwhelming might of the State machinery.

12.2.

At this juncture, the analogy of apples and oranges serves as a useful reminder that certain relationships are in-herently incapable of being assessed on an equal plane. A contract between the State and an employee stands on a similar footing. The State, in such a relationship, assumes the role of a metaphorical lion, endowed with overwhelming authority, resources and bargaining strength, whereas the employee, who is yet an aspirant, is reduced to the position of a metaphorical lamb, possessing little real negotiating power. To suggest parity between the two, i.e. the lion and the lamb, would be to ignore the stark imbalance that de-fines the relationship.

12.3.

Therefore, where a lion contracts with a lamb, the in-equality is not incidental but structural, and it is precisely this disproportion that calls for judicial sensitivity. In such situations, the conscience of Constitutional Courts must in-evitably tilt in favour of protecting the lamb. We have no hesitation in holding that Constitutional Courts are duty-bound to act to safeguard those who are vulnerable to ex-ploitation, so that employees are not compelled to meekly submit to the demands of a vastly dominant contracting party like the State, but are instead assured that constitu-tional protections will intervene to prevent such exploita-tion.”

“Limits on Perpetual Contractual Engagements:

13.2.

In the present case, the respondent-State had engaged the services of the appellants on sanctioned posts since the year 2012. It was only towards the end of the year 2022 that the respondents communicated that no further extension of the appellants’ engagement was likely to be granted.

13.3.

In our considered opinion, the aforesaid action is not only vitiated by arbitrariness but is also in clear derogation of the equality principles enshrined in Article 14 of the Con-stitution. The respondent-State initially engaged the appel-lants in their youth to discharge public duties and functions. Having rendered long and dedicated service, the appellants cannot now be left to fend for themselves, particularly when the employment opportunities that may have been available to them a decade ago are no longer accessible owing to age constraints.

13.4.

We are unable to discern any rational basis for the re-spondent-State’s decision to discontinue the appellants after nearly ten years of continuous service. We are conscious that the symbiotic-relationship between the appellants and the respondent-State was mutually bene-ficial, the State derived the advantage of the appellants’ ex-perience and institutional familiarity, while the appellants remained in public service. In such circumstances, any de-parture from a long-standing practice of renewal, particu-larly one that frustrates the legitimate expectation of the em-ployees, ought to be supported by cogent reasons recorded in a speaking order.

13.5.

Such a decision must necessarily be a conscious and reasoned one. An employee who has satisfactorily dis-charged his duties over several years and has been granted repeated extensions cannot, overnight, be treated as surplus or undesirable. We are unable to accept the justification ad-vanced by the respondents as the obligation of the State, as a model employer, extends to fair treatment of its employees irrespective of whether their engagement is contractual or regular.

13.6.

This Court has, on several occasions, deprecated the practice adopted by States of engaging employees under the nominal labels of “part-time”, “contractual” or “tempo-rary” in perpetuity and thereby exploiting them by not regu-larizing their positions. In Jaggo v. Union of India, 2024 SCC OnLine SC 3826 this Court underscored that govern-ment departments must lead by example in ensuring fair and stable employment, and evolved the test of examining whether the duties performed by such temporary employees are integral to the day-to-day functioning of the organiza-tion.

13.7.

In Shripal v. Nagar Nigam, 2025 SCC OnLine SC 221 and Vinod Kumar v. Union of India, (2024) 9 SCC 327 this Court cautioned against a mechanical and blind reliance on Umadevi (supra) to deny regularization to temporary em-ployees in the absence of statutory rules. It was held that Umadevi (supra) cannot be employed as a shield to legit-imise exploitative engagements continued for years without undertaking regular recruitment. The Court further clarified that Umadevi itself draws a distinction between appoint-ments that are “illegal” and those that are merely “irregu-lar”, the latter being amenable to regularization upon fulfil-ment of the prescribed conditions.

13.8.

In Dharam Singh v. State of U.P., 2025 SCC OnLine SC 1735, this Court strongly deprecated the culture of “ad-hocism” adopted by States in their capacity as employers. The Court criticised the practice of outsourcing or informal-izing recruitment as a means to evade regular employment obligations, observing that such measures perpetuate pre-carious working conditions while circumventing fair and lawful engagement practices.

10.9.

The State must remain conscious that part-time em-ployees, such as the appellants, constitute an integral part of the edifice upon which the machinery of the State contin-ues to function. They are not merely ancillary to the system, but form essential components thereof. The equality man-date of our Constitution, therefore, requires that their ser-vice be reciprocated in a manner free from arbitrariness, en-suring that decisions of the State affecting the careers and livelihood of such part-time and contractual employees are guided by fairness and reason.

FINAL CONCLUSION:

The nature of roles performed by the petitioners who are the contractual appointees vis-à-vis similarly placed teachers in

RTE Act and its provisions relevance:

“2 (n) “school” means any recognised school im-parting elementary education and includes—

(i)

a school established, owned or controlled by the appropriate Government or a local authority;

(ii)

an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority;

(iii)

a school belonging to specified category; and

(iv)

an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;”

“7.

Sharing of financial and other responsibilities.—(1) The Central Government and the State Governments shall have concurrent responsibility for providing funds for car-rying out the provisions of this Act.

(2)

The Central Government shall prepare the estimates of capital and recurring expenditure for the implementation of the provisions of the Act.

(3)

The Central Government shall provide to the State Gov-ernments, as grants-in-aid of revenues, such percentage of expenditure referred to in sub-section (2) as it may deter-mine, from time to time, in consultation with the State Gov-ernments.

(4)

The Central Government may make a request to the President to make a reference to the Finance Commission under sub-clause (d) of clause (3) of article 280 to examine the need for additional resources to be provided to any State Government so that the said State Government may provide its share of funds for carrying out the provisions of the Act.

(5)

Notwithstanding anything contained in sub-section (4), the State Government shall, taking into consideration the sums provided by the Central Government to a State Gov-ernment under sub-section (3), and its other resources, be responsible to provide funds for implementation of the pro-visions of the Act.

(6)

The Central Government shall—

(a)

develop a framework of national curriculum with the help of academic authority specified under section 29;

(b)

develop and enforce standards for training of teachers;

(c)

provide technical support and resources to the State Government for promoting innovations, researches, planning and capacity building.”

“8.

Duties of appropriate Government.—The appropriate Government shall—

(a)

provide free and compulsory elementary education to ev-ery child:

Provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially fi-nanced by funds provided directly or indirectly by the appro-priate Government or a local authority, such child or his or her parents or guardian, as the case may be, shall not be en-titled to make a claim for reimbursement of expenditure in-curred on elementary education of the child in such other school.

Explanation.—The term “compulsory education” means obligation of the appropriate Government to—

(i)

provide free elementary education to every child of the age of six to fourteen years; and

(ii)

ensure compulsory admission, attendance and completion of elementary education by ev-ery child of the age of six to fourteen years;

(b)

ensure availability of a neighbourhood school as speci-fied in section 6;

(c)

ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discrimi-nated against and prevented from pursuing and completing elementary education on any grounds;

(d)

provide infrastructure including school building, teach-ing staff and learning equipment;

(e)

provide special training facility specified in section 4;

(f)

ensure and monitor admission, attendance and comple-tion of elementary education by every child;

(g)

ensure good quality elementary education conforming to the standards and norms specified in the Schedule;

(h)

ensure timely prescribing of curriculum and courses of study for elementary education; and

(i)

provide training facility for teachers.”

“9.

Duties of local authority.—Every local authority shall-

(a)

provide free and compulsory elementary education to every child:

Provided that where a child is admitted by his or her par-ents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially fi-nanced by funds provided directly or indirectly by the ap-propriate Government or a local authority, such child or his or her parents or guardian, as the case may be, shall not be entitled to make a claim for reimbursement of expenditure incurred on elementary education of the child in such other school;

(b)

ensure availability of a neighbourhood school as speci-fied in section 6;

(c)

ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discrim-inated against and prevented from pursuing and completing elementary education on any grounds;

(d)

maintain records of children up to the age of fourteen years residing within its jurisdiction, in such manner as may be prescribed;

(e)

ensure and monitor admission, attendance and comple-tion of elementary education by every child residing within its jurisdiction;

(f)

provide infrastructure including school building, teach-ing staff and learning material;

(g)

provide special training facility specified in section 4;

(h)

ensure good quality elementary education conforming to the standards and norms specified in the Schedule;

(i)

ensure timely prescribing of curriculum and courses of study for elementary education;

(j)

provide training facility for teachers;

(k)

ensure admission of children of migrant families;

(l)

monitor functioning of schools within its jurisdiction; and

(m)

decide the academic calendar.”

“23. Qualifications for appointment and terms and

conditions of service of teachers.—(1) Any person possessing such minimum qualifications, as laid down by an academic authority, authorised by the Central Government, by notification, shall be eligible for appointment as a teacher.

(2)

Where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications as laid down under sub-section (1) are not available in sufficient numbers, the Central Government may, if it deems necessary, by notification, relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification:

Provided that a teacher who, at the commencement of this Act, does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of five years.

[Provided further that every teacher appointed or in position as on the 31st March, 2015, who does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of four years from the date of commencement of the Right of Children to Free and Compulsory Education (Amendment) Act, 2017.].

(3)

The salary and allowances payable to, and the terms and conditions of service of, teachers shall be such as may be prescribed.

24.

Duties of teachers and redressal of grievances.—(1) A teacher appointed under sub-section (1) of section 23 shall perform the following duties, namely:—

(a)

maintain regularity and punctuality in attending school;

(b)

conduct and complete the curriculum in accordance with the provisions of sub-section (2) of section 29;

(c)

complete entire curriculum within the specified time;

(d)

assess the learning ability of each child and accordingly supplement additional instructions, if any, as required;

(e)

hold regular meetings with parents and guardians and apprise them about the regularity in attendance, ability to learn, progress made in learning and any other relevant information about the child; and

(f)

perform such other duties as may be prescribed.

(2)

A teacher committing default in performance of duties specified in sub-section (1), shall be liable to disciplinary action under the service rules applicable to him or her:

Provided that before taking such disciplinary action, reasonable opportunity of being heard shall be afforded to such teacher.

(3)

The grievances, if any, of the teacher shall be redressed in such manner as may be prescribed.

25.

Pupil-Teacher Ratio.—(1) Within three years from the date of commencement of this Act, the appropriate Government and the local authority shall ensure that the Pupil-Teacher Ratio, as specified in the Schedule, is maintained in each school.

(2)

For the purpose of maintaining the Pupil-Teacher Ratio under sub-section (1), no teacher posted in a school shall be made to serve in any other school or office or deployed for any non-educational purpose, other than those specified in section 27.

26.

Filling up vacancies of teachers.—The appointing authority, in relation to a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or by a local authority, shall ensure that vacancy of teacher in a school under its control shall not exceed ten per cent/of the total sanctioned strength.

27.

Prohibition of deployment of teachers for non-educational purposes.—No teacher shall be deployed for any non-educational purposes other than the decennial population census, disaster relief duties or duties relating to elections to the local authority or the State Legislatures or Parliament, as the case may be.

28.

Prohibition of private tuition by teacher.—No teacher shall engage himself or herself in private tuition or private teaching activity.”

“18.

Relaxation of minimum qualifications.-(1) The State Government and the Union Territory shall, within six months from the commencement of the Act, estimate the teacher requirement as per the norms in the Schedule for all school referred to in clause (n) of Section 2.

(2)

Where a State Government or a Union Territory does not have adequate institutions offering courses or training in teacher education, or persons possessing minimum qual-ifications as notified in sub-rule (2) of Rule 17 are not available in sufficient numbers in relation to the require-ment of teachers estimated under sub-rule (1), the State Government or the Union Territory shall request, within one year of the commencement of the Act, the Central Gov-ernment for relaxation of the prescribed minimum qualifi-cation.

(3)

On receipt of the request referred to in sub-rule (2), the Central Government shall examine the request of the State Government or the Union Territory and may, by notifica-tion, relax the minimum qualifications.

(4)

The notification referred to in sub-rule (3) shall specify the nature of relaxation and the time period, not exceeding three years, but not beyond five years from the commence-ment of the Act, within which the teachers appointed under the relaxed conditions acquire the minimum qualifications specified by the academic authority notified under sub-sec-tion (1) of Section 23.

(5)

After six months from the commencement of the Act, no appointment of teacher for any school can be made in re-spect of any person not possessing the minimum qualifica-tions notified in sub-rule (2) of Rule 17, without the notifi-cation of relaxation referred to in sub-rule (3).

(6)

A person appointed as a teacher within six months of the commencement of the Act, must possess at least the academic qualifications not lower than higher secondary school certificate or equivalent.

19.

Acquiring minimum qualifications.-(1) The State Gov-ernment and the Union Territory shall provide adequate teacher education facilities to ensure that all teachers in school referred to in sub-clause (i), and schools owned and managed by the Central Government or the State Govern-ment or Union Territory or local authority under sub-clause (iii), of clause (n) of Section 2, who do not possess the minimum qualifications laid down under sub-rule (2) of Rule 17 at the time of commencement of the Act, to acquire such minimum qualification within a period of five years from the commencement of the Act.

(2)

For a teacher, of a school referred to in sub-clause (ii) and (iv) of clause (n) of Section 2, and of a school referred to in sub-clause (iii) of clause (n) of Section 2 not owned and managed by the Central Government, State Govern-ment or Union Territory or local authority, who do not pos-sess the minimum qualifications laid down under sub-rule (2) of rule 17 at the time of commencement of the Act, the management of such school shall enable such teacher to acquire such minimum qualification within a period of five years from the commencement of the Act.

20. Salary and allowances and conditions of service of

teachers.-(1) The Central Government or the appropriate Government or the local authority, as the case may be, shall notify terms and conditions of service and salary and allowances of teacher of schools owned and managed by them in order to create a professional and permanent cadre of teachers.

(2)

In particular and without prejudice to sub-rule (1), the terms and conditions of service shall take into account the

following, namely-(a) accountability of teachers to the School Management Committee;

(b)

provisions enabling long term stake of teachers in the teaching profession.

(3)

The scales of pay and allowances, medical facilities, pension, gratuity, provident fund, and other prescribed benefits of teachers shall be at par for similar qualification work and experience.

21.

Duties performed by teachers.-(1) The teacher shall maintain a file containing the pupil cumulative record for every child shall be the basis for awarding the certificate for completion of elementary education.

(2)

A teacher, in addition to the functions specified in clauses (a) to (e) of sub-section (1) of Section 24, may per-form the following duties:”

Purity of Means

“56.

The significance of the perception that Parts III and IV together constitute the core of commitment to social revolution and they, together, are the conscience of the Constitution is to be traced to a deep understanding of the scheme of the Indian Constitution. Granville Austin's observation brings out the true position that Parts III and IV are like two wheels of a chariot, one no less important than the other. You snap one and the other will lose its efficacy. They are like a twin formula for achieving the social revolution, which is the ideal which the visionary founders of the Constitution set before themselves. In other words, the Indian Constitution is founded on the bedrock of the balance between Parts III and IV. To give absolute primacy to one over the other is to disturb the harmony of the Constitution. This harmony and balance between fundamental rights and directive principles is an essential feature of the basic structure of the Constitution.

57.

This is not mere semantics. The edifice of our Constitution is built upon the concepts crystallised in the preamble. We resolved to constitute ourselves into a Socialist State which carried with it the obligation to secure to our people justice — social, economic and political. We, therefore, put Part IV into our Constitution containing directive principles of State policy which specify the socialistic goal to be achieved. We promised to our people a democratic polity which carries with it the obligation of securing to the people liberty of thought, expression, belief, faith and worship; equality of status and of opportunity and the assurance that the dignity of the individual will at all costs be preserved. We, therefore, put Part III in our Constitution conferring those rights on the people. Those rights are not an end in themselves but are the means to an end. The end is specified in Part IV. Therefore, the rights conferred by Part III are subject to reasonable restrictions and the Constitution provides that enforcement of some of them may, in stated uncommon circumstances, be suspended. But just as the rights conferred by Part III would be without a radar and a compass if they were not geared to an ideal, in the same manner the attainment of the ideals set out in Part IV would become a pretence for tyranny if the price to be paid for achieving that ideal is human freedoms. One of the faiths of our founding fathers was the purity of means. Indeed, under our law, even a dacoit who has committed a murder cannot be put to death in the exercise of right of self-defence after he has made good his escape. So great is the insistence of civilised laws on the purity of means. The goals set out in Part IV have, therefore, to be achieved without the abrogation of the means provided for by Part III. It is in this sense that Parts III and IV together constitute the core of our Constitution and, combine to form its conscience. Anything that destroys the balance between the two parts will ipso facto destroy an essential element of the basic structure of our Constitution.”