Right of Children to Free and Compulsory Education Act, 2009 — Sections 7, 24, 27 — Rule 20(3) of 2010 Rules — Part-time contractual instructors in Upper Primary Schools — Honorarium fixed at ₹7,000 p.m. since 2013 — Whether revisable — Held, Yes — Honorarium cannot remain stagnant; periodic revision mandatory — PAB sole authority to sanction budget and fix honorarium (Paras 57–66, 70).
Samagra Shiksha Scheme / Sarva Shiksha Abhiyan — Project Approval Board (PAB) — Financial powers — Decision of PAB binding — No authority competent to reduce honorarium once fixed by PAB (Paras 61–65, 70(iv)–(v)).
Service Jurisprudence — Contractual / Part-time label — Continuous engagement for over 10 years — Prohibition on taking other employment — Deemed substantive posts — Nature of employment not truly part-time or contractual (Paras 39–46, 70(i)–(iii)).
Article 23, Constitution of India — Begar / Forced labour — Payment below minimum wages coupled with bar on alternative employment — Economic coercion — Honorarium of ₹7,000 p.m. held violative of constitutional spirit (Paras 54–56, 70(viii)).
Alternative Remedy — Section 24(3), RTE Act — Not bar to writ jurisdiction — Rule of prudence, not compulsion (Paras 27–30).
Financial Responsibility — Section 7(5), RTE Act — Primary liability on State Government — Principle of ‘Pay and Recover’ applicable where Centre fails to release share (Paras 68–69, 70(vi)).
Operative Directions — Honorarium fixed at ₹17,000 p.m. w.e.f. 2017–18 till revised by PAB — Arrears payable within six months — Periodic revision at least once in three years (Paras 67, 72).
ANALYSIS OF FACTS
The appeals concerned part-time contractual instructors appointed in Upper Primary Schools (Classes VI–VIII) in Uttar Pradesh under the Sarva Shiksha Abhiyan (now subsumed into Samagra Shiksha).
Key factual matrix:
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Appointment in 2013 pursuant to Government Order dated 31.01.2013.
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Fixed honorarium: ₹7,000 per month.
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Contract period: 11 months, renewable.
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Condition: No other employment (full-time or part-time).
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Honorarium marginally revised to ₹8,470 (2016–17).
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PAB approved ₹17,000 (2017–18).
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Executive Committee reduced to ₹9,800.
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Actual payment remained ₹8,470.
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From 2019–20, honorarium reverted to ₹7,000.
The Single Judge directed ₹17,000 from March 2017. The Division Bench restricted benefit to 2017–18 only. Appeals were filed by teachers (seeking full benefit) and by the State (challenging liability).
The principal question:
Whether honorarium fixed in 2013 could remain static for years or was legally required to be revised.
ANALYSIS OF LAW
I. Maintainability of Writ Petitions
The State argued availability of alternative remedy under Section 24(3) RTE Act.
The Court rejected this objection:
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Section 24 pertains to disciplinary grievances.
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Writ jurisdiction is discretionary.
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Alternative remedy is not an absolute bar.
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Reliance placed on Rajasthan SEB v. Union of India and Harbanslal Sahnia v. IOC.
Thus, writ petitions were maintainable.
II. Nature of Employment — Contractual or Substantive?
The Court undertook a structural analysis:
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Contract expired after 2017–18; no renewal in writing.
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Continuous engagement for over 10 years.
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Mandatory appointment: one instructor per 100 students.
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Prohibition on taking other employment.
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Identical qualifications as regular teachers.
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Similar workload (up to eight periods per day).
Conclusion:
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Not truly part-time.
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Not purely contractual.
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Posts deemed substantively created due to permanence of work.
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Label “part-time contractual” described as deceptive nomenclature.
The Court observed that such appointments, made through due selection process under a statutory scheme, are substantive in character.
III. Authority to Fix Honorarium — Role of PAB
Under the Samagra Shiksha Scheme:
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PAB is the sole body with financial sanctioning power.
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State-level bodies lack budgetary authority.
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Once PAB approves honorarium, it is binding.
PAB had:
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Approved ₹8,470 (2016–17).
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Fixed ₹9,800 (2017–18).
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Approved ₹17,000 (2017–18).
The State had no authority to reduce or ignore PAB’s decision.
IV. Article 23 — Begar and Economic Coercion
The Court invoked Article 23 (prohibition of begar).
Relying on People’s Union for Democratic Rights v. Union of India:
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Forced labour includes economic compulsion.
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Payment below minimum wages constitutes coercion.
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Contractual consent does not negate unequal bargaining power.
The Court held:
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₹7,000 per month was below minimum wages.
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Teachers were barred from other employment.
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This created economic coercion.
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Fixing such honorarium permanently amounts to begar.
This is a significant constitutional holding extending Article 23 to honorarium stagnation in education employment.
V. Revision of Honorarium
The Court held:
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Honorarium cannot remain stagnant indefinitely.
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Must be periodically revised.
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Once enhanced, cannot be reduced arbitrarily.
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Withdrawal of enhanced pay without natural justice impermissible.
VI. Financial Responsibility — Section 7 RTE Act
Under Section 7(5):
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State Government bears primary responsibility.
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Even if Centre fails to release funds, State must pay.
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State may recover from Union under “pay and recover” principle.
Thus, teachers cannot suffer due to inter-governmental financial disputes.
RATIO DECIDENDI
Part-time contractual instructors appointed under the RTE framework and continuously engaged for over a decade, performing full-time duties and prohibited from alternative employment, cannot be subjected to stagnant honorarium fixed under an initial short-term contract. Honorarium must be periodically revised by the competent authority (PAB), and once enhanced cannot be unilaterally reduced. Payment of meagre and stagnant honorarium in such circumstances amounts to economic coercion inconsistent with Article 23 of the Constitution. The State bears primary liability to ensure payment and may recover its share from the Union.
OPERATIVE DIRECTIONS
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Honorarium fixed at ₹17,000 per month w.e.f. 2017–18.
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Payable till further revision by PAB.
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Effective payment from 01.04.2026.
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Arrears to be cleared within six months.
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PAB to revise honorarium periodically (at least once in three years).
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State may recover Central share separately.
Appeals by teachers allowed.
Appeals by State dismissed.
