Employment Rights of Teachers in Aided Colleges: Supreme Court Orders Absorption and Salary Clearance

The case of Ayurved Vikas Mandal vs. State of Gujarat & Others revolves around the employment rights of 23 teachers who were affected by the transition of their college from a grant-in-aid institution to a self-financing one. The Supreme Court addressed the question of whether these teachers should be absorbed into government service and whether their arrears should be cleared.

Background of the Case

Ayurved Vikas Mandal, an institution previously funded by the Gujarat government, converted into a self-financing institution in 2012. This transition left 23 teachers in a precarious position. The High Court of Gujarat ruled in favor of their absorption into government service, but the State opposed this ruling, arguing that it would set an unfavorable precedent.

Arguments Presented

Petitioners’ Arguments (Ayurved Vikas Mandal and Teachers):

• The State had previously agreed to absorb employees in similar cases.
• The teachers had dedicated their careers to government service and should not be left without employment due to policy changes.
• The State’s refusal to absorb them was unfair and violated their rights.

Respondents’ Arguments (State of Gujarat):

• Absorbing these employees would affect the recruitment process of direct recruits.
• Implementation of the High Court’s direction would set a precedent, leading to similar claims in future cases.
• The institution should be responsible for paying the employees’ salaries until their absorption.

Supreme Court’s Ruling

The Supreme Court, led by Justice Kurian Joseph and Justice R. Banumathi, ruled in favor of the teachers. The key points of the judgment were:

• “The Government has taken a very fair stand.” The Court acknowledged the State’s willingness to absorb 16 employees in grant-in-aid Ayurvedic colleges.
• The institution was directed to pay the arrears of salaries to all 23 employees until their official absorption.
• The pension papers of the 7 retired employees must be processed within three months.
• The judgment should not be treated as a precedent for future cases.

Important Extract from the Judgment:

“Having submitted before the High Court that the Government will absorb the 23 employees, there is no point in turning round on that instruction furnished before the High Court.”

Conclusion

This ruling reinforces the responsibility of educational institutions and the government in ensuring fair employment practices. The Supreme Court’s directive protects the rights of affected employees while maintaining administrative integrity.

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Download Judgment: Ayurved Vikas Mandal vs State of Gujarat & O Supreme Court of India Judgment Dated 12-09-2017.pdf

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