Delhi HC notice on plea against law that bars teachers from private tuition

Section 28 of the Right of Children to Free and Compulsory Education Act, 2009, imposes a blanket ban on school teachers engaging in private tuition

NEW DELHI: The Delhi High Court on Wednesday asked the Centre and the Delhi government to respond to a petition challenging legal provisions that bar school teachers from engaging in private tuition.

Students in a classroom at a government school in Delhi’s Trilok Puri (HT FIle Photo)

A bench of chief justice DK Upadhyay and justice Tushar Rao Gedela will take up the case on November 12. The petition was filed by a retired chemistry teacher Prem Prakash Dhawan who listed restrictions imposed on school teachers, arguing that these violated the rights of teachers.

Section 28 of the Right of Children to Free and Compulsory Education Act, 2009, imposes a blanket ban on school teachers engaging in private tuition or private teaching activity. A similar restriction was also placed by Section 113 of the Delhi School Education Rules, 1973. Separately, a code of conduct for teachers under the 1973 rules also bars teachers from accepting any remunerative job from any source other than the school.

At its hearing on Wednesday, the bench questioned whether a retired teacher could file the petition when his rights were not affected.

Dhawan’s petition, argued by advocates Tanmay Mehta, Karmanya Singh Sareen and Krishnagopal Abhay, painted a picture that the law was violative of their fundamental right to practice any profession. He further claimed that the law was being misused, as teachers continued to teach despite the prohibition, and no action had been taken against them.

However, the court observed that alleging abuse of a law or its process cannot be a valid ground to challenge the constitutionality of a provision.

The central government explained the provision as necessary to maintain the integrity of teaching standards but sought time to address the issue.