HC seeks Centre and Delhi government’s reply on plea against private tuition ban

Section 28 of the Right to Education Act (RTE Act) and Rule 113 of Delhi School Education Rules, 1973 bars school teachers from engaging in private teaching activities.

New Delhi: The Delhi High Court on Wednesday sought the Centre and Delhi government’s response on a petition challenging the law that bars school teachers from taking private tuitions.

The court fixed November 12 as the next date of hearing (HT photo)

Section 28 of the Right to Education Act (RTE Act) and Rule 113 of Delhi School Education Rules, 1973 bars school teachers from engaging in private teaching activities. Additionally, Rule 123(1)(a)(viii) says that no teacher shall “accept any job of a remunerative character from any source other than the school or give private tuition to any student or other person or engage himself in any business.”

A bench of chief justice DK Upadhyay and justice Tushar Rao Gedela fixed November 12 as the next date of hearing of the petition filed by Prem Prakash Dhawan, a retired chemistry teacher of Delhi Public School, though it prima facie took objection to him filing the plea after retiring.

“The fact that he did not have the guts to approach the court while he was in service is creating apprehension. He did not approach because it would have affected his service and remuneration. We don’t see any public interest in this. Ask the petitioner to quote some teacher,” the bench remarked.

Dhawan’s petition, argued by advocates Tanmay Mehta, Karmanya Singh Sareen and Krishnagopal Abhay, mentioned 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.

During the hearing, Centre’s lawyer defended the move, saying that the same was barred to maintain the integrity of teaching standards. She, however, urged the court to grant her time to seek appropriate instructions.

“Counsel for the petitioner has completed the arguments. Put up on November 12, for arguments by the Centre and the Delhi government,” the order said.