परिषदीय शिक्षकों को ग़ैर शैक्षणिक कार्यों में न लगाए जाने के सम्बन्ध में माननीय उच्च न्यायालाय इलाहाबाद का आदेश देखें
HIGH COURT OF JUDICATURE AT ALLAHABAD
AFR :-Chief Justice's
Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 11028 of 2015
Petitioner :- Sunita Sharma Advocate High Court & Another Respondent :- State Of U.P. & 3 Others
Counsel for Petitioner :- V.C. Srivastava,Tahir Husain
Counsel for Respondent :- C.S.C.,A.K. Yadav
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Pradeep Kumar Singh Baghel,J.
The first petitioner, who is a practicing Advocate and the second petitioner who is a former Corporator of the Nagar Nigam, have filed these proceedings in the public interest complaining of the legality of a communication dated 2 February 2015 of the Additional District Magistrate (Civil Supplies), Allahabad, stating that in pursuance of the directions of the Chief Secretary, the work of verification of card holding families on the basis of criteria for inclusion and exclusion under the National Food Security Act, 2013 would be carried out. This letter of the ADM (Civil Supplies) was issued in pursuance of a direction of the Chief Secretary dated 23 January 2015 which has been annexed to the counter affidavit. In pursuance thereof, teachers of primary schools and junior high schools have been called upon to participate in the work of verification of eligible families. This process was directed to be completed between 2 February 2015 and 27 February 2015. The submission of the petitioners is that entrusting this work to primary teachers and teachers of the junior high schools is contrary to law. Hence a mandamus had been sought directing the State to exclude such teachers who were engaged for verification of ration cards in the district of Allahabad.
On 24 February 2015, this Court directed the Standing Counsel to take instructions and to explain the reason for withdrawing the services of teachers for the purpose of carrying out the work of verification in connection with ration cards. Subsequently on 27 February 2015, the District Magistrate was directed to file a counter affidavit, explaining the provisions of law under which the services of teachers of primary schools have been requisitioned for carrying out the above work. A counter affidavit has been filed by the District Supply Officer, in which it has been stated that initially, it was anticipated that there were about seventeen lac card holders in the district, whereas subsequently it was found that there were nearly forty lac card holders. The State Government considered that for the purpose of verification, it is necessary to involve employees of the State drawn from various departments, who were accordingly called upon to complete the programme within a fixed period. Insofar as the services of teachers are concerned, it has been stated that they were involved in the process on a clear understanding that they would participate as and when they are free from their duties at the schools.
The right of children to free and compulsory education between the age of six to fourteen has been statutorily recognized in Section 3(1) of the Right of Children to Free and Compulsory Education Act, 20091. This is in pursuance of the fundamental right conferred by Article 21-A of the Constitution of India. The Act provides in Chapter IV the responsibilities of schools and teachers. Section 27 specifically contains a prohibition on the deployment of teachers for non-educational purposes. Under Section 27, no teacher shall be deployed for any non-educational purposes other than the decennial population census, disaster relief duties or duties relating to elections to the local authority, or to the State Legislatures or Parliament, as the case may be. In view of this statutory prohibition, it is clearly unlawful and ultra vires on the part of the State to requisition the services of teachers for carrying out the verification of eligible card holding families. The right to free and compulsory education for children below the age of 14 is a constitutionally protected entitlement which is statutorily recognized in the Act. The State is not powerless, if it requires hands for completing the work of verification by recruiting contract employees or making suitable alternate arrangements, but such arrangements cannot involve the deployment of teachers. The duties of teachers is simply to teach students. Their status cannot be reduced to that of a ministerial employee of the State. It is no answer to state, as the District Supply Officer has in the counter affidavit, that the teachers are called upon to do the work of verification as and when they are free from school duties. A teacher after the completion of the hours of work in a school is expected to spend time in preparing for the classes for the next day and to pursue his or her own process of enhancing knowledge and learning to impart education to the children. It requires no stretch of imagination to hold that burdening a teacher with duties, after school hours in carrying out ministerial duties, such as the verification of eligible families, would only detract from her ability and capacity to teach students. It is time for the State to realise, if it is serious about implementing the right to free and compulsory education for children between ages of six to fourteen in the State of Uttar Pradesh that teachers cannot be treated in such a casual and callous manner. The civility of a society is defined with reference to the value it places on education and the respect which it holds for its teachers. Those may be traditional values but fortunately, some values are eternal. The position of a teacher is a critical element in dispensing education which must be recognized, protected and observed. Such action which has been taken by an officer of the State is clearly in violation of the duty cast upon the State. In fact, on a reading of the circular issued by the Chief Secretary on 23 January 2015, it is clear that no direction was contained therein to requisition the services of teachers. The Chief Secretary had, therefore, carefully not issued any such direction. What the District Administration has done is to follow a convenient method of requisitioning the services of teachers without the authority of law and, as we have noted earlier, it is in clear defiance of the mandate contained in Section 27 of the Act. The State must cease and desist from resorting to such unlawful behaviour.
We, accordingly, allow the writ petition by directing that the State and the District Administration shall not requisition the services of the teachers in primary schools and junior high schools for carrying out such work which is without the authority of law. At the same time, the State and its agencies would be at liberty to make all appropriate arrangements including by recruiting contractual employees if it is so considered necessary for carrying out ministerial duties, such as the verification of eligible families for the allotment of ration cards.
The petition is, accordingly, disposed of. There shall be no order as to costs.
Order Date :- 25.3.2015
VMA
(Dr. D.Y. Chandrachud, C.J.)
(P.K.S. Baghel, J.)
AFR :-Chief Justice's
Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 11028 of 2015
Petitioner :- Sunita Sharma Advocate High Court & Another Respondent :- State Of U.P. & 3 Others
Counsel for Petitioner :- V.C. Srivastava,Tahir Husain
Counsel for Respondent :- C.S.C.,A.K. Yadav
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Pradeep Kumar Singh Baghel,J.
The first petitioner, who is a practicing Advocate and the second petitioner who is a former Corporator of the Nagar Nigam, have filed these proceedings in the public interest complaining of the legality of a communication dated 2 February 2015 of the Additional District Magistrate (Civil Supplies), Allahabad, stating that in pursuance of the directions of the Chief Secretary, the work of verification of card holding families on the basis of criteria for inclusion and exclusion under the National Food Security Act, 2013 would be carried out. This letter of the ADM (Civil Supplies) was issued in pursuance of a direction of the Chief Secretary dated 23 January 2015 which has been annexed to the counter affidavit. In pursuance thereof, teachers of primary schools and junior high schools have been called upon to participate in the work of verification of eligible families. This process was directed to be completed between 2 February 2015 and 27 February 2015. The submission of the petitioners is that entrusting this work to primary teachers and teachers of the junior high schools is contrary to law. Hence a mandamus had been sought directing the State to exclude such teachers who were engaged for verification of ration cards in the district of Allahabad.
On 24 February 2015, this Court directed the Standing Counsel to take instructions and to explain the reason for withdrawing the services of teachers for the purpose of carrying out the work of verification in connection with ration cards. Subsequently on 27 February 2015, the District Magistrate was directed to file a counter affidavit, explaining the provisions of law under which the services of teachers of primary schools have been requisitioned for carrying out the above work. A counter affidavit has been filed by the District Supply Officer, in which it has been stated that initially, it was anticipated that there were about seventeen lac card holders in the district, whereas subsequently it was found that there were nearly forty lac card holders. The State Government considered that for the purpose of verification, it is necessary to involve employees of the State drawn from various departments, who were accordingly called upon to complete the programme within a fixed period. Insofar as the services of teachers are concerned, it has been stated that they were involved in the process on a clear understanding that they would participate as and when they are free from their duties at the schools.
The right of children to free and compulsory education between the age of six to fourteen has been statutorily recognized in Section 3(1) of the Right of Children to Free and Compulsory Education Act, 20091. This is in pursuance of the fundamental right conferred by Article 21-A of the Constitution of India. The Act provides in Chapter IV the responsibilities of schools and teachers. Section 27 specifically contains a prohibition on the deployment of teachers for non-educational purposes. Under Section 27, no teacher shall be deployed for any non-educational purposes other than the decennial population census, disaster relief duties or duties relating to elections to the local authority, or to the State Legislatures or Parliament, as the case may be. In view of this statutory prohibition, it is clearly unlawful and ultra vires on the part of the State to requisition the services of teachers for carrying out the verification of eligible card holding families. The right to free and compulsory education for children below the age of 14 is a constitutionally protected entitlement which is statutorily recognized in the Act. The State is not powerless, if it requires hands for completing the work of verification by recruiting contract employees or making suitable alternate arrangements, but such arrangements cannot involve the deployment of teachers. The duties of teachers is simply to teach students. Their status cannot be reduced to that of a ministerial employee of the State. It is no answer to state, as the District Supply Officer has in the counter affidavit, that the teachers are called upon to do the work of verification as and when they are free from school duties. A teacher after the completion of the hours of work in a school is expected to spend time in preparing for the classes for the next day and to pursue his or her own process of enhancing knowledge and learning to impart education to the children. It requires no stretch of imagination to hold that burdening a teacher with duties, after school hours in carrying out ministerial duties, such as the verification of eligible families, would only detract from her ability and capacity to teach students. It is time for the State to realise, if it is serious about implementing the right to free and compulsory education for children between ages of six to fourteen in the State of Uttar Pradesh that teachers cannot be treated in such a casual and callous manner. The civility of a society is defined with reference to the value it places on education and the respect which it holds for its teachers. Those may be traditional values but fortunately, some values are eternal. The position of a teacher is a critical element in dispensing education which must be recognized, protected and observed. Such action which has been taken by an officer of the State is clearly in violation of the duty cast upon the State. In fact, on a reading of the circular issued by the Chief Secretary on 23 January 2015, it is clear that no direction was contained therein to requisition the services of teachers. The Chief Secretary had, therefore, carefully not issued any such direction. What the District Administration has done is to follow a convenient method of requisitioning the services of teachers without the authority of law and, as we have noted earlier, it is in clear defiance of the mandate contained in Section 27 of the Act. The State must cease and desist from resorting to such unlawful behaviour.
We, accordingly, allow the writ petition by directing that the State and the District Administration shall not requisition the services of the teachers in primary schools and junior high schools for carrying out such work which is without the authority of law. At the same time, the State and its agencies would be at liberty to make all appropriate arrangements including by recruiting contractual employees if it is so considered necessary for carrying out ministerial duties, such as the verification of eligible families for the allotment of ration cards.
The petition is, accordingly, disposed of. There shall be no order as to costs.
Order Date :- 25.3.2015
VMA
(Dr. D.Y. Chandrachud, C.J.)
(P.K.S. Baghel, J.)
परिषदीय शिक्षकों को ग़ैर शैक्षणिक कार्यों में न लगाए जाने के सम्बन्ध में माननीय उच्च न्यायालाय इलाहाबाद का आदेश देखें
Reviewed by Brijesh Shrivastava
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Reviewed by Brijesh Shrivastava
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9:46 PM
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