In a significant relief for hundreds of educators, the Jalpaiguri circuit bench of the Calcutta High Court has put a temporary hold on the cancellation of jobs for 313 voluntary teachers working in schools under the Gorkha Territorial Administration (GTA). The division bench granted a 12-week interim stay on Wednesday, observing that the alleged irregularities in their appointments appeared to lack corrupt motives.
Court Cites Political Unrest in Hills
The bench, comprising Justices Tapabrata Chakraborty and Biswaroop Chowdhury, was hearing an appeal filed by the GTA. This appeal challenged a previous order from a single-judge bench. On December 17, Justice Biswajit Basu had directed the cancellation of the teachers' regularization, declaring all such appointments illegal.
However, the division bench offered a different perspective. It noted that the teachers had provided long years of service. The judges pointed out that the single judge had taken an overly rigid view of the initial appointment terms. This view failed to account for the prevailing political unrest in the Darjeeling hills during that period, which disrupted normal administrative processes.
Breakdown of Law and Order Halted Recruitment
The GTA's legal counsel argued before the court that the intense Gorkhaland movement had led to a complete collapse of law and order in the region. This situation brought the regular teacher recruitment process conducted by the West Bengal School Service Commission (hill region) to a standstill. The relevant 1997 Act governing the commission was suspended from September 5, 2003.
Facing a severe shortage of teaching staff, schools had to rely on voluntary and temporary teachers. These were local educated individuals who stepped in to provide essential educational services, essentially rendering selfless service to their communities during the crisis.
A Pattern of Similar Appointments
The court also took note of other similar cases. It observed that before the appointment of these 313 teachers, approximately 100 teachers in analogous situations were appointed following court orders. Furthermore, around 439 more teachers received approval through a state cabinet decision. This context suggested that the regularization of the 313 educators was not an isolated incident but part of a broader response to an exceptional circumstance.
Relief and a Call for Restraint
Following the court's order, GTA Chief Executive Anit Thapa expressed profound relief, calling it a moment of vindication for the affected teachers. He stated that the development secures their jobs, salaries, and associated service benefits.
Thapa revealed that Chief Minister Mamata Banerjee personally called him soon after the stay was issued to convey her best wishes to the teachers. "I was anxious that the stay order might get delayed. My concern was about your salaries and leave," Thapa said, addressing the educators.
He also advised caution, urging the teachers to avoid aggressive reactions to criticism on social media platforms. "Arrogance will only invite more attacks. Do not provoke others, but if someone tries to harm you, do not remain silent either," the GTA leader cautioned.
The 12-week interim stay provides a crucial breathing space for the teachers and the GTA administration. The court's prima facie observation that the irregularities were "bereft of malicious intent or corrupt practices" sets a significant tone for the future hearings in this case.
