Delhi HC seeks CBSE reply on plea to quash its order on teachers

New Delhi: The Delhi High Court on Monday sought the response of the Central Board of Secondary Education (CBSE) on a plea against its new rule that teachers will not accompany students in school buses or do any other non- academic work.

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar also issued notice to the Delhi Directorate of Education and sought its stand by November 6 on the plea which seeks quashing of the CBSE's October 2016 circular.

The CBSE, by way of October 2016 circular, had asked its affiliated schools to ensure that teachers are not engaged in activities other than those related to teaching, professional enhancement, examination and evaluation.

The new rules also said, "The provision shall also be made by the school authorities for travelling of at least one lady attendant/lady guard in each school bus, keeping in view the safety of the school students."

Challenging the CBSE's rules, Angika Development Society, a society set up for promotion of education here, and a Delhi- resident Rajesh Srivastava, said the Board does not have "authority to prescribe guidelines/rules/directives regarding the administrative running of schools".

Advocate Arjun Harkauli, appearing for the petitioner, said that the regulation of the management and administration of school education in Delhi, including conditions of service of teachers is covered by the Delhi School Education Act.

"Power to frame rules for the same is with administrator under the Delhi School Education Act," the counsel said.

He further said the Delhi Government had already formulated detailed directives that teachers and bus monitors should accompany students in school buses hence it is not the domain of the CBSE to issue any directives on this subject as it is merely an examination board.

"That despite having no jurisdiction in directing how the school buses should be run. The CBSE has issued a circular on June 8, 2012 and later modified the same by another circular on October 28, 2016," the petition said.

The petitioner contended that the role of a teacher is not just confined to the classroom but also extends outside to the classroom, in activities, plays, extra curricular activities, buses to ensure safety of students.