Mukesh R. Shah, J.

The present petition/public interest litigation is preferred by the petitioner for an appropriate writ/order directing the respondent concerned, more particularly, The Education Officer, Patna, The Director Secondary Education, Bihar, Patna to appoint the requisite number of teachers as per the sanctioned post, which is for 19 (nineteen) regular teachers, in Chaudhary Ram Prasad Sharma Project Balika Uchttar Madhyamic Vidyalaya, Pandarak, Patna, so as to properly impart education to the girls students of the said school.

2. It is the case on behalf of the petitioner and it is not in dispute that the strength of the girl students in the aforesaid school is 580 plus. That as such there are approximately more than six hundred (600) girl students studying in the aforesaid school.

2.1. It is the case on behalf of the petitioner that though there are 19 sanctioned posts of regular teachers, only one regular teacher-cum-Head Master-In charge, is working in Secondary Division and two contract teachers have been posed in Higher Secondary Division of the said school to impart education to all the students.

2.2. It is the case on behalf of the petitioner that by not appointing and/or filling up all the posts of regular teachers though the posts are sanctioned, the education to the girl students is suffering and that the future of such girl students is in dark and ultimately the present generation and the next generation is likely to affected.

2.3. It is the case on behalf of the petitioner that in the name of imparting education to the girl students and promoting their career, the concerned authorities have made the education system mockery. They are playing with the career of the girl students. It is submitted that it is quite impossible for three teachers to teach all subjects in different classes in a day. It is submitted that as such, the students have become frustrated as they are facing adverse situation in the school, because their career is being spoiled due to non filling of required number of teachers.

2.4. It is submitted by learned counsel appearing on behalf of the petitioner that as observed by the Hon'ble Supreme Court in catena of decisions, the right to education is implicit in the right to life and, therefore an aspect of Article 21 of the Constitution. It is submitted that, therefore the Parliament has amended the Constitution to make an express declaration of the fundamental right to education by inserting Article 21-A.

2.5. It is submitted that the importance of the role of education in the life of human beings is well known to the society which invented the concept of "Zero". It is further submitted that the education becomes a basic tool for individuals to lead an economically productive life. It is submitted that as observed by the Hon'ble Supreme Court in the case of Secretary Mahatama Gandhi Mission v. Bhartiya Kamgar Sena, reported in (2017) 4 SCC 449 an economically productive life of the individual not only improves the quality of life of the individual and his family but also contributes to some extent to the benefit of the society at large.

3. It is submitted by Shri Pranav Kumar, learned counsel appearing on behalf of the petitioner that quality of the education should be satisfactorily equitable. It is further submitted that in order to impart quality education, we need those, who possess essential aptitude and ability to meet the challenge of teaching at the primary and upper primary level.

4. Making above submission and relying upon the following decisions, it is requested to allow the present petition and direct the respondent authorities to fill up and appoint the required number of teachers in the aforesaid school;

(i) Unni Krishnan. J.P. And Ors. v. State of A.P. And Ors. reported in (1993)1 SCC 645.

(ii) Secretary, Mahatma Gandhi Mission And Another v. Bhartiya Kamgar Sena And Others reported in (2017) 4 SCC 449.

(iii) State of Orissa And Another v. Mamata Mohanty reported in (2011