Allahabad High Court
Guru Charan And 5 Ors. vs State Of U.P. Thru Secy.Basic Edu. ... on 22 May, 2017
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- SERVICE SINGLE No. - 11104 of 2017
Petitioner :- Guru Charan And 5 Ors.
Respondent :- State Of U.P. Thru Secy.Basic Edu. Lucknow & Others
Counsel for Petitioner :- Sanjay Kumar Singh,Smt. Durga Tiwari
Counsel for Respondent :- C.S.C.,Prashant Arora
Hon'ble Rajan Roy,J.
Heard, Ms. Durga Tiwari, learned counsel for the petitioner, Mr. Prashant Arora, learned counsel appearing for B.S.A and learned Standing Counsel appearing for the State.
Considering the facts and issues which are not in dispute there is no necessity for call of counter affidavit.
The petitioner herein are teachers/instructors in primary school. Vide order of the Basic Education Officer dated 5.5.2017 issued to the Block Development Officer and consequential order passed thereto, they have been assigned duties relating to verification of ration card w.e.f 3.5.2017 with the stipulation that if they do not start the work as aforesaid that first information report shall be lodged against them.
The contention of Ms. Durga Tiwari, learned counsel appearing for the petitioner is that the order is clearly in the teeth of Section 27 of the Right of Children to free and compulsory Education Act, 2009 which reads as under:-
"Section 27 prohibits deployment of teachers for non-educational purposes, other than decennial population census, disaster relief duties or duties relating to elections to local authority, state legislatures and parliament. This provision will ensure that more time is available to teachers for school/ classroom transaction, and that teachers are not deployed for work that takes them away from their classroom responsibilities."
She also invites the attention of the Court to a Division Bench Judgment in a similar situation as has arisen in this Case wherein considering the mandatory provision of Section 27 of the said Act, the Division Bench allowed the public interest litigation bearing no. 11028 of 2015, the operative portion of which reads as under:-
"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."
Based on the aforesaid she contends that the action impugned is not sustainable in law.
When confronted learned counsel for the B.S.A and the State Government informed that they have received telephonic instructions from the District Magistrate that he would take a decision in this regard within two weeks. The factual and legal position being apparent and undisputed there is no way that the teachers/instructors can be assigned such work as has been done in this Case. It is clearly in the teeth of mandatory statutory provision, the object behind it as also the dictum of a Division Bench of this Court dated 25.3.2015 rendered in PIL no. 11028 of 2015. This is not a matter which could be left to the mercy of the District Magistrate who seek two weeks' time. The orders impugned, which are in contravention of Section 27 of aforesaid and the judicial mandate referred herein above, are quashed. The petitioner and other similarly situated shall not be assigned any work dehors the aforesaid provision. A copy of this order shall be sent to the Chief Secretary Government of Uttar Pradesh by the Senior Registrar of this Court for circulation amongst all the District Magistrates as also Heads of Department for ensuring strict compliance.
The writ petition stands allowed in the aforesaid terms.
Order Date :- 22.5.2017
Haseen U.
