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2021 Supreme(All) 1191
IN THE HIGH COURT OF ALLAHABAD
Ashwani Kumar Mishra, J.
Kuldeep Kumar Saxena And 19 Others - Petitioner
Vs.
Union Of India And 3 Others - Respondent
WRIT - A No. - 9673 of 2021 Connected with Writ-A Nos. 6911 of 2020, 9238 of 2020, 10022 of 2020, 10474 of 2020, 10748 of 2020, 13143 of 2020, 13232 of 2020, 13363 of 2020, 13924 of 2020, 14244 of 2020, 1591 of 2021, 2082 of 2021, 2858 of 2021, 3415 of 2021, 3592 of 2021, 4517 of 2021, 7270 of 2021, 8692 of 2021 and 4113 of 2021.
Decided On : 21-12-2021
Advocate Appeared:
For the Appellant : Amardeo Singh, Ajay Kumar
For the Respondent: A.S.G.I.,C.S.C.,Durga Singh,Piyush Mishra
Point of Law :
The Right of Children to Free and Compulsory Education Act, 2009 with an intent to implement the promise guaranteed in Article 21A of the Constitution of India. Section 23 of the Act, 2009 also provides for qualifications for appointment of teachers and terms and conditions of service of teachers to be such as is laid down by the academic authority, authorized by the Central Government vide notification.
Headnote:
Constitution of India (86th) Amendment Act, 2002 - Article 21A - RTE Act, 2009 - Sections 19 and 25 - National Council for Teacher Education Act, 1993 - Section 3, 12(d), 12(a), 32, 2(ka), 18 - Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 - National Council for Teacher Education - Functions of NCTE would be to lay down guidelines in respect of minimum qualifications for a person to be employed as a teacher in school - Norms and standards for school - Whether TET is an essential qualification in basic institution governed by 1981 rules was referred to Full Bench - Whether subjects specified in Schedule appended to Sections 19 and 25 of RTE Act, 2009 are exhaustive has also not been dealt with, on which premise entire exercise has been undertaken by respondents.
Findings of the court :
Impugned circular has not taken note of NCTE regulations which prescribe qualifications for appointment of teachers for upper primary classes and has also not examined issue of engagement of teachers with reference to curriculum formulated by Basic Shiksha Parishad - Respondents have proceeded on an erroneous assumption that subjects specified in Schedule appended to Sections 19 and 25 of RTE Act, 2009 are exhaustive and therefore do not additional subjects cannot being taught, is wholly fallacious - Distinction drawn between Sangat (consistent) and Asangat (inconsistent) teachers coupled with direction for renewal of contract to be made as per aforesaid classification clearly unsustainable - Resultantly impugned circular, issued by State Project Director, cannot be sustained and stands quashed - Respondents are directed to revisit issue, in light of qualifications prescribed vide NCTE regulations as also curriculum prescribed by Basic Shiksha Parishad for Classes VI to VIII and to proceed for reasons mentioned herein above thereafter - It goes without saying that petitioners shall be paid their honorarium regularly and continuously.
Result : Writ petitions stands allowed
JUDGMENT :
Ashwani Kumar Mishra, J.
1. This bunch of writ petitions is by the teachers engaged on contractual basis in Kasturba Gandhi Balika Vidyalaya, and have been continuing as such for the last more than ten years. They are aggrieved by a circular dated 14.7.2020, issued by the State Project Director, U.P. Education for All Project Board, insofar as it contemplates categorization of existing contractual teachers into Sangat (consistent) and Asangat (inconsistent) categories and consequential direction not to renew the term of Asangat (inconsistent) contractual teachers from the academic session 2020-2021, on the basis of such categorization. A further prayer has also been made to command the respondents not to interfere in the working of petitioners as warden/whole time teachers/part time teachers and to ensure payment of monthly emoluments to them.
2. After the right to education was recognized as a fundamental right for the children in the age group of 06 to 14 years, vide 86th amendment to the Constitution of India, the Government of India launched a scheme, known as Kasturba Gandhi Balika Vidyalaya (hereinafter in short referred to as the ‘KGBV’) for establishment of residential schools at upper primary level for girls belonging to socially and economically weaker sections and other minorities for backward areas of the country with an specific intent to target drop outs. This scheme later got merged with Sarva Shiksha Abhiyan, which is a scheme of State known as ‘U.P. Education for all Project’. The need to establish these institutions was felt necessary as the rural female literacy rate was much below the national average as per the 2001 census.
3. The KGBV institutions were established by State Government with financial support from the Central Government under the Sarva Shiksha Abhiyan. The ratio of financial contribution between Central Government and State Government stood at 65:35. A total number of 746 KGBVs are stated to have been established and functional in the State of U.P., as of now. Guidelines laying down financial norms for such institutions as also budgetary allocation for the staff etc. is provided by the State from time to time.
4. The State Project Director, Sarva Shiksha Abhiyan, on 15.4.2005 issued a circular after approval was obtained from the State Government for establishment of KGBV. Pursuant to aforesaid circular a committee at district level was formed in each district of the State of U.P. to appoint one warden-cumteacher with qualification of ‘trained graduate’ and was to receive honorarium of Rs.7,000/- per month, whereas four posts of full time teachers were sanctioned drawing honorarium of Rs.6,000/- per month with trained graduate qualification in Science, Mathematics, Biology and other teachers. Post of three part time teachers was also created in Hindi, Home Science and Science. The warden-cum-teacher and full time teachers were expected to stay in the institution. Preference was to be given to female candidates. These appointments were to be contractual in nature for a period of almost one year (11 months & 29 days) and could be extended with the approval of the district level committee.
5. A subsequent circular issued on 16.5.2006 specified the committee for appointment of teachers and also the blocks in which these institutions were to be established.
6. The State Project Director of U.P. Education for all under the Sarva Shiksha Abhiyan issued a circular on 8.1.2011 directing commencement of KGBVs w.e.f. 15.2.2011. A committee consisting of various officers with District Magistrate as Chairman, Chief Development Officer as Vice-Chairman and District Basic Education Officer as Member Secretary was constituted in each district for management and supervision of these KGBVs. The object for establishing KGBV institutions were specified as providing education to female students belongi
