'They Were Definitely Engaged In Teaching': Delhi HC Grants Relief To Four 'Academic Staff' Of IGNOU
The Delhi High Court has granted relief to four persons who were working as "other academic staff' in Indira Gandhi National Open University (IGNOU), by holding that they were entitled to the same retirement age and career advancement scheme as 'teachers'.
In that context, the Bench of Justice Anup Jairam Bhambhani observed that, "the petitioners who were members of the Regional Services Division, and were referred to as "other academic staff" to begin with, were subsequently re-designated as "teachers"; and are therefore entitled to the same retirement age and career advancement scheme as "teachers". It must be emphasised, that in the present case, the petitioners are not claiming equivalence to "teachers" based on the role or function that they performed."
Senior Counsel S Gopakumaran, along with others, appeared for the petitioners. CGSC Mukul Singh, along with others, appeared for the respondents.
In this case, the petitioners alleged discrimination by IGNOU, asserting that the university erroneously categorized them as "other academic staff" instead of "teachers." This classification led to disparities in employment terms, particularly regarding superannuation age, Career Advancement Scheme, and seniority.
The petitioners argued that their roles, involving course development, instructional material preparation, project undertakings, and thesis guidance, mirrored those of designated "teachers."
They contended that statutory provisions under the IGNOU Act unified their conditions with teachers. The petitioners emphasized that prior circulars equated their retirement age with teachers and extended the Career Advancement Scheme to them. Alleging arbitrariness and constitutional violations, they sought redress, including deemed service continuation until age 65, back wages, notional promotions, seniority, and post-retirement benefits.
The Court observed that, "there cannot be any cavil that the petitioners were definitely engaged in teaching since they engaged in pedagogy – though in the format required in an open university."
Subsequently, it was noted that, "teaching at an open university is very different from that at a conventional university; that the pedagogy of distance education encompasses activities such as delivery of content and services to students, evaluation of student's performance, system development, program evaluation, planning, preparation and production of audio/programmes and so on."
It was further observed that the role of an academic in the distance education system cannot be conceived-of only in the sense of teaching within a classroom but as a distance educator in the first place, while also being a specialist and an experienced professional otherwise.
In light of the same, the petition was allowed.
Cause Title: TR Srinivasan & Ors vs Indira Gandhi National Open University & Ors.
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