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2021 Supreme(All) 507

IN THE HIGH COURT OF ALLAHABAD
YASHWANT VARMA, J.
Suneeta Singh – Appellant
Versus
State Of U.P. And Others – Respondents
Writ -A No. 4845, 4571, 4882, 5728, 5914, 6716, 8587, 8595, 6966 of 2021
Decided on : 12-08-2021

Advocates:
Advocate Appeared:
For the Appellant : J.P. Singh, Yadvendra Pratap Singh Counsel
For the Respondent: Durga Singh, Syed Nadeem Ahmad

Headnote:(A) Right to Education Act, 2009 - Sections 19 and 25 - Employment under the Kasturba Gandhi Balika Vidyalaya Scheme - The maintainability of writ petitions concerning termination and renewal of contractual employment was examined, leading to the conclusion that such matters can be challenged only if actions contravene statutory provisions or established executive directives. The Court emphasized the importance of adhering to policy directives regulating the hiring and employment of teachers within the scheme. (Paras 14, 15, 36, 41, 62)

(B) Contractual Employment - The Court clarified that individuals employed on a contract basis lack a right to continuation unless their employment is governed by statutory regulations or executive directives. The ratio decidendi established that the actions reviewed must align with established guidelines for the engagement and termination of teachers appointed under government schemes. (Paras 20, 21, 36)

Facts of the case:
Several writ petitions were filed by teachers employed at KGBVs challenging their terminations or changes in their employment status. The primary contention was regarding the applicability of governance frameworks for their contractual agreements. (Paras 4-11)

Findings of Court:
Writ petitions, except one, were dismissed as they did not establish a contractual right against the defendants based on the violation of governing directives. The court ruled that employment terms were contractual and not enforceable in a statutory context without an established right under law. (Paras 50-61)

Issues: The main issues were regarding the maintainability of writ petitions challenging employment terminations, the applicable legal framework governing employment under the KGBV scheme, and whether the petitioners had a legitimate claim to continuation of employment. (Paras 14, 20)

Ratio Decidendi: The court ruled that where contractual teaching positions are regulated by executive orders, petitioners can only seek redress if there is a violation of those orders. Unlike statutory employment, purely contractual engagements do not afford an inherent right to employment continuity. (Paras 20, 21, 41)

Result: Writ petitions were dismissed, with limited exceptions based on qualifications outlined in governing directives. (Paras 61)

Table of Content
1. details of petitioners and their contractual issues. (Para 1 , 5)
2. kasturba gandhi balika vidyalaya scheme and educational policies. (Para 3)
3. legal principles regarding personal service contracts. (Para 4 , 24 , 34)
4. issues of maintainability based on contractual nature. (Para 14 , 15 , 28)
5. conclusions of the court on the merits of petitions. (Para 50 , 61)

JUDGMENT :

1. Heard learned counsels for the petitioners, Sri Yatindra, Sri Pankaj Kumar Tyagi, Sri Sanjay Kumar Singh, Sri Harshvardhan Gupta, Sri Ram Vilas Yadav, Sri Amit Shukla, Sri Santosh Kumar, Sri Ashok Kumar, Sri Syed Nadeem Ahmad learned counsels for the Basic Education Officers, Sri Durga Singh who appears for the State Project Director, Samagra Shiksha Abhiyan and Sri Bipin Bihari Pandey learned Chief Standing Counsel alongwith Sri Sanjay Chaturvedi for the State respondents.

2. This batch of writ petitions have been clubbed and heard for final disposal collectively with the consent of parties.

A. KASTURBA GANDHI BALIKA VIDYALAYA

3. All the petitioners were engaged by the respondents in residential schools established under the Kasturba Gandhi Balika Vidyalaya Scheme[KGBV] launched by the Union Government. In August 2004, the Union Government launched a scheme for setting up of residential schools upto the upper primary level for girls belonging predominantly to the SC, ST, OBC and minorities in difficult areas. The scheme provided for the establishment of schools in educationally backward blocks. Priority was to be accorded to the establishment of these schools in areas having a concentration of SC, ST, OBC, minorities, tribal population and where enrollment of girls was found to be lagging. Areas with low female literacy and areas with a large number of small and scattered habitations in which educational facilities were nonexistent were also to be identified for the purposes of establishment of schools under the aforesaid scheme. With effect from 01 April 2008, the criteria for educationally backward block was revised to include those blocks where rural female literacy was below 30% and town/cities having minority concentration. Initially the scheme was run as a separate initiative of the Union Government till it came to be merged with the Sarva Shiksha Abhiyan[SSA] with effect from 01 April 2007. With the promulgation of the Right to Education Act, 2009 [RTE] and the adoption of the framework for implementation of SSA being revised, the scheme and its objectives were revised to bring it in tune and harmony with the right and entitlement of children as envisaged under the RTE. In the State of U.P., the U.P. Education For All[UPEFA] society came to be formed in 1993 to oversee the field of Basic Education. The KGBV scheme is presently being administered by this entity.

B. THE SCHEME AND POLICY DIRECTIVES

4. The Scheme is based on two basic models (i) schools with a hostel for 100 girls and (ii) schools with hostel for 50 girls. Various Government Orders and directives of the Union Government have come to be issued from time to time in order to ensure a uniform implementation of the scheme throughout the country. The aforesaid Government Orders and directives apart from laying down norms for infrastructure and facilities in those residential schools also lay in place various stipulations relating to issues such as curriculum and the appointment of teachers and other staff. In terms of the policy directives the schools are to be managed by a Warden along with a complement of support staff and instructions are to be imparted by full time and part time teachers. For the purposes of the present batch of writ petitions, the directives and orders issued from time to time may be viewed commencing from the Government Order dated 29 July 2013. For the purposes of selection of teaching and non-teaching staff, the aforesaid Government Order provided





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