शिक्षामित्र समायोजन निरस्त होने एवं आरटीई अधिनियम 2009 के बिन्दुओं के दृष्टिगत मा0 उच्च न्यायालय ने सरप्लस शिक्षकों के समायोजन पर लगाईं रोक, 21 अगस्त को अगली सुनवाई, कोर्ट आदेश देखें
शिक्षामित्र समायोजन निरस्त होने एवं आरटीई अधिनियम 2009 के बिन्दुओं के दृष्टिगत मा0 उच्च न्यायालय ने सरप्लस शिक्षकों के समायोजन पर लगाईं रोक, 21 अगस्त को अगली सुनवाई, कोर्ट आदेश देखें
Case :- WRIT - A No. - 30538 of 2017
Petitioner :- Ajay Kumar Singh And 4 Ors.
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Shivendu Ojha,Radha Kant Ojha
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Pradeep Kumar Singh Baghel,J.
This writ petition has been preferred by the five petitioners for the common cause of action and for the same relief. All the petitioners are working as Assistant Teachers in Junior Basic Schools and Senior Basic Schools conducted and managed by the U.P. Board of Basic Education under the U.P. Basic Eduction Act, 1972.�
They are aggrieved by the Government Order dated 13.6.2017 whereby a decision has been taken to transfer/ adjust the excess teachers working in Junior and Senior Basic Schools for the academic session 2017-18.
It is contended on behalf of the petitioners that the Government order has not taken into consideration the provisions of the Right of Children to Free and Compulsory Education Act, 2009. It is submitted that Section 19 of the Act, 2009 lays down norms and standards for School, which have been specified in the Schedule framed thereunder. In the Schedule the teacher and student ratio is provided. It also lays down that there shall be at least one teacher per class (for sixth class to eight class) so that there shall be at least one teacher for (i) Science and Mathematics; (ii) Social Studies; and, (iii) Languages.�
It is also contended that the State Government has extended the last date of admission in the Basic Schools till 31.7.2017, thus without taking into consideration the correct number of students a large number of teachers are being declared surplus.
I have heard Sri R.K. Ojha, learned Senior Advocate assisted by Sri Shivendu Ojha, learned counsel for the petitioners, learned Standing Counsel, and Sri A.K. Yadav, learned counsel for the third respondent.
Sri A.K. Yadav has received instructions, which are on the record. On the strength of the instructions he submits that no last date has been fixed for admission. It is also mentioned that if in an institution there is only one Science Teacher he/she shall not be replaced.�
The instructions are wholly unsatisfactory. From a perusal of the instructions it is manifest that the State� Government has not taken into consideration the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and the Schedule framed therein.
Sri Yadav has also submitted that in view of the subsequent development that the Supreme Court has found that the appointments of Shiksha Mitras are not valid, a fresh decision has to be taken considering the effect of the said judgment. He states that it will take some time to implement the impugned Government order.�
Learned Standing Counsel is granted two weeks' time to seek instructions in the matter.
Put up this case on 21st August, 2017 in the additional cause list. Till then the teachers who have been declared surplus will not be relieved.
Order Date :- 31.7.2017
Digamber
Case :- WRIT - A No. - 30538 of 2017
Petitioner :- Ajay Kumar Singh And 4 Ors.
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Shivendu Ojha,Radha Kant Ojha
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Pradeep Kumar Singh Baghel,J.
This writ petition has been preferred by the five petitioners for the common cause of action and for the same relief. All the petitioners are working as Assistant Teachers in Junior Basic Schools and Senior Basic Schools conducted and managed by the U.P. Board of Basic Education under the U.P. Basic Eduction Act, 1972.�
They are aggrieved by the Government Order dated 13.6.2017 whereby a decision has been taken to transfer/ adjust the excess teachers working in Junior and Senior Basic Schools for the academic session 2017-18.
It is contended on behalf of the petitioners that the Government order has not taken into consideration the provisions of the Right of Children to Free and Compulsory Education Act, 2009. It is submitted that Section 19 of the Act, 2009 lays down norms and standards for School, which have been specified in the Schedule framed thereunder. In the Schedule the teacher and student ratio is provided. It also lays down that there shall be at least one teacher per class (for sixth class to eight class) so that there shall be at least one teacher for (i) Science and Mathematics; (ii) Social Studies; and, (iii) Languages.�
It is also contended that the State Government has extended the last date of admission in the Basic Schools till 31.7.2017, thus without taking into consideration the correct number of students a large number of teachers are being declared surplus.
I have heard Sri R.K. Ojha, learned Senior Advocate assisted by Sri Shivendu Ojha, learned counsel for the petitioners, learned Standing Counsel, and Sri A.K. Yadav, learned counsel for the third respondent.
Sri A.K. Yadav has received instructions, which are on the record. On the strength of the instructions he submits that no last date has been fixed for admission. It is also mentioned that if in an institution there is only one Science Teacher he/she shall not be replaced.�
The instructions are wholly unsatisfactory. From a perusal of the instructions it is manifest that the State� Government has not taken into consideration the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and the Schedule framed therein.
Sri Yadav has also submitted that in view of the subsequent development that the Supreme Court has found that the appointments of Shiksha Mitras are not valid, a fresh decision has to be taken considering the effect of the said judgment. He states that it will take some time to implement the impugned Government order.�
Learned Standing Counsel is granted two weeks' time to seek instructions in the matter.
Put up this case on 21st August, 2017 in the additional cause list. Till then the teachers who have been declared surplus will not be relieved.
Order Date :- 31.7.2017
Digamber
शिक्षामित्र समायोजन निरस्त होने एवं आरटीई अधिनियम 2009 के बिन्दुओं के दृष्टिगत मा0 उच्च न्यायालय ने सरप्लस शिक्षकों के समायोजन पर लगाईं रोक, 21 अगस्त को अगली सुनवाई, कोर्ट आदेश देखें
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Reviewed by sankalp gupta
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6:15 PM
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