Court Orders State to Cease Use of Intermediary Agencies, Ensuring Job Security for Contractual Educators
In a landmark judgment, the Rajasthan High Court, Jaipur Bench, presided over by Justice Ashok Kumar Jain, has directed the State of Rajasthan to directly engage vocational trainers under the guidelines of the National Education Policy (NEP) 2020, effectively eliminating the role of Vocational Training Providers (VTPs) as intermediaries. The decision comes as a relief to numerous vocational trainers whose employment was threatened by the termination of contracts with these service providers.
The court was hearing three writ petitions, with the lead case being "Govind Ram Yadav and Ors. v. State of Rajasthan and Ors.", where petitioners challenged their termination following the cancellation of agreements between the state and VTPs. The trainers, previously engaged through these agencies, argued that such practices violated their employment rights and exposed them to exploitation and uncertainty.
Justice Jain, in his decision, underscored that the direct engagement of trainers is crucial to ensure job security and compliance with NEP 2020 guidelines. The judgment emphasized that replacing one set of contractual employees with another is impermissible and highlighted the adverse effects of workforce exploitation through intermediary agencies. The court further asserted that vocational trainers should be employed directly by the government to ensure continuity and adherence to social security norms.
The court directed the State of Rajasthan to scrutinize the qualifications of the petitioners and engage them directly, ensuring payment through bank transfers. The judgment also mandated that the trainers' services should not be replaced by another set of contractual employees unless the scheme is discontinued by the Government of India.
The decision reflects a significant move towards protecting contractual employees' rights and aligns with practices in neighboring states like Haryana, where similar reforms have been implemented. The court's directive ensures that vocational trainers will continue to play a vital role in the state's educational framework, contributing to the broader goals of NEP 2020.
Bottom line:-
Vocational trainers engaged through service providers cannot be replaced by another set of contractual employees. Direct contractual engagement is mandated to protect the livelihood and ensure compliance with guidelines under the National Education Policy (NEP) 2020.
Statutory provision(s): Article 226 of the Constitution of India, National Education Policy (NEP) 2020
Govind Ram Yadav v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2921882
