Manipur High Court
Petitioner vs The State Of Manipur Represented By The on 7 March, 2024
IN THE HIGH COURT OF MANIPUR
LUCY Digitally signed
AT IMPHAL
by LUCY
GURUM Date: 2024.03.08
GURUMAYUM
AYUM 09:37:52 +05'30' W.P.(C) No. 690 of 2022
All Manipur Government Non Formal Education
Supervisor Welfare Association, a registered
Association having Regd. No. 350 of 1992 under
the Trade Union Act, 1996 represented by the
General Secretary Shri Aribam Birjit Sharma, aged
about 58 years, S/O (L) A. Brajamani Sharma of
Yaiskul Police Lane, P.O Imphal & P.S. Imphal
West, District, Imphal West, Manipur-795001.
.... Petitioner
Versus
1. The State of Manipur represented by the
Commissioner/Secretary (Edn(S), Government
of Manipur, at Babupara. P.O. Imphal & P.S.
Imphal West, District Imphal West, Manipur-
795001.
2. The Director of Education (S) Government of
Manipur, at Lamphelpat. P.O & P.S. Lamphel,
District Imphal West, Manipur-795004.
3. The State Project Director/SSA Manipur,
Babupara, Imphal-West, Manipur-795001.
.... Respondents
BEFORE
HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU
For the petitioner : Mr. K. Roshan, Advocate
For the respondents : Mr. S. Nepolean, GA
Date of hearing : 02.02.2024
Date of order : 07.03.2024
Writ Petition No. 690 of 2022 Page 1
JUDGMENT & ORDER
(C A V)
[1] Heard Mr. K. Roshan, learned counsel appearing on
behalf of the petitioner and Mr. S. Neplean, learned GA appearing on
behalf of the respondents.
[2] The instant writ petition has been instituted on behalf All
Manipur Government Non Formal Education Supervisor Welfare
Association under Article 226 of the Constitution of India with the
following prayer :
"(i) Admit the writ petition and issue rule Nisi calling upon
the respondents to show cause as to why a writ/order/direction
of certiorari or any other appropriate writ/order/directive (s)
should not be issued for quashing and setting aside the
impugned order bearing No. 3/11/2021-SS/SIS: Imphal, the
23rd February, 2022, in the facts and circumstances of the
present petition;
(ii) To show cause as to why a writ in the nature of
Mandamus or any other appropriate writ/order/directive (s)
should not be issued directing the respondents to for a
direction to direct the respondents to utilize the services of the
petitioner's Association as per rules under the Education
Guarantee Scheme and Alternative and innovative Education,
under the SSA, Manipur.
(iii) Make the Rule absolute;
(iv) to pass any appropriate order or direction(s) which may be
appropriate to be passed under such facts and circumstance of
the instant case, for the ends of justice.
And to pass appropriate interim order
staying/suspending the operation of the order dated
23.02.2022 pending disposal of the present petition for the
ends of justice."
[3] The petitioner has filed the present petition in his
representative's capacity as the General Secretary of the All Manipur
Government Non Formal Education Supervisor Welfare Association, a
registered Association having Regd. No. 350 of 1992 under the Trade
Union Act, 1996, having been authorized by the members and is
praying inter-alia for quashing and setting aside the impugned order
bearing No. 3/11/2021-SS/SIS: Imphal, the 23rd February, 2022 and for
Writ Petition No. 690 of 2022 Page 2
a direction to the respondents to utilize the services of the petitioner's
Association as per rules under the Education Guarantee Scheme and
Alternative and innovative Education, under the SSA, Manipur coupled
with the prayer for staying/suspending the operation of the Order
dated 23.02.2022 by passing reasoned and speaking order within a
stipulated period of time, in the facts and circumstances of the present
case.
[4] The members of the All Manipur Government Non Formal
Education Supervisors Welfare Association were serving as Supervisors
of the Non Formal Education (NFE) Govt. of Manipur on contract basis
which was under a centrally sponsored scheme. The services were
extended from time to time and they rendered their services to the
satisfaction of the superiors for more than 10 (ten) years. Their
Association moved before the Hon'ble Gauhati High Court, Imphal
Bench by filling a writ petition being WP(C) No. 258 of 2001 and 397 of
2005 praying inter-alia for giving preferential treatment to the members
of the Association under the upcoming new scheme. The Hon'ble High
Court, Imphal Bench was pleased to dispose of the above said writ
petition vide Order dated 1005.2001 in favour of the Association
thereby directing the State respondents to give the petitioners
preferential treatment at the time of engagement or employment under
the new scheme which was expected to be introduced.
[5] Thereafter, a letter being No. 12(HC)/105/2001-SE
(SCERT), dt. 11.09.2001 was issued by the Deputy Secretary Education
(S), Government of Manipur informing the Director of Education (S)
Govt. of Manipur regarding the decision of the Government to
recommend to the Society to consider the cases of the members of the
Association for suitable accommodation in the EGS & AIE and in other
scheme that may be initiated in the new future and their suitability or
otherwise may be examined by the State and District Level Committee
Writ Petition No. 690 of 2022 Page 3
respectively in order to be given them for preferential treatment on the
basis of their experience.
[6] The issue of the petitioner's Association was placed
before the State Cabinet vide the Memorandum for Cabinet under file
No. 31/17/2003-SE(S)/SSA by the Commissioner of Edn(S) Manipur in
the year 2003. The memorandum for Cabinet is reproduced as under:
" MEMORANDUM FOR CABINET
Subject: Engagement of Education Workers on contract basis under
SSA.
1. Sarva Shiksha Abhiyan (SSA) is a Centrally Sponsored Scheme The
scheme is an effort to universalized elementary education by
community ownership of the school system. It aims to provide
useful and relevant Elementary Education for all children in 6 to 14
age group by 2010. The assistant under the programme of SSA is
75:25 during the Xth plan and 50/50 sharing basis thereafter
between Central Government and State Government.
2. Government had conveyed approval to the engagement of 420
Education Workers (Shiksha Karmi/Oja) under Sarva Shiksha
Abhiyan (SSA) for implementation of the scheme on contract basis
@ Rs. 4000/- P.M. for a period of 3 (three) months w.e.f. 1.1.2005
with the approval of the State Cabinet in its meeting held on
30.11.2004. The period 3 (three) months had already been expired
on 31.03.2005 vide this Government latter No. 31/17/2003-SE (S)
SSA dt. 4.3.2005.
3. The engagement could not be completed within the stipulated
within the stipulated point of 3 (three) months due to technical
difficulties during the financial year 2004-2005.
4. A large number of employees of the erstwhile NFE Scheme filed
writ petitions in the Hon'ble High Court Imphal Bench. The details
of Hon'ble High Court's orders are shown as Annexure-B. The
important point among other highlighted by the Hon'ble Court has
been to give preferential treatment to erstwhile NFE employees
who have rendered more than 2 years service if the work under
EGS and AIE, is similar and the erstwhile NFE employees posses
the necessary qualifications. In this regard the Executive
Committee of the Sarva Shiksha Abhiyan. State Mission Authority
has already approval a system to give preference to the erstwhile
NFE employees based o the length of service and qualifications,
the details of which are enclosed as Annexure-C.
Writ Petition No. 690 of 2022 Page 4
In view of the above facts and circumstances the following
proposal are place before the Cabinet for consideration and
decision.
(i) Extension of the Engagement of 420 (four hundred
twenty) Education Workers (Shiksha Karmi/Oja)
under Sarva Shiksha Abhiyan for a period from
31.03.2005 to 31.03.2007.
(ii) While considering engagement/appointment of 420
Education Workers (Shiksha Karmi/Oja)
engagement of retrenched employees of the
erstwhile NFE in case of those who are found
qualified and possessing requisite qualifications for
implementation of the different programme under
Sarva Shiksh Abhiyan Scheme for the
engagement/appointment and also when the State
Mission Authority consider them fit.
The Hon'ble Minister Education (S), Manipur has see the
Memorandum for Cabinet.
The Hon'ble Chief Minister, Manipur has also approved the
proposal for placing the matter before the Cabinet for
consideration.
(R.K. Angousana Singh)
Commissioner Education (S), Govt. of Manipur."
[7] Thereafter, the Commissioner Edn (S), Govt. of Manipur
vide the letter bearing No. 31/17/2003-SE (S)/SSA, imphal the 27th
October, 2006 conveyed approval to the engagement of 420 Education
Workers (Shiksha Karmi/Oja) under the SSA for implementation of the
Scheme on contract basis @ Rs.4000/- p.m for a period of 3(three)
months w.e.f 01.01.2005 to 31.2.2005 with the approval of the State
Cabinet in its meeting held on 30.11.2004. However, the engagement
could not be completed within the stipulated period of 3(three) months
during the financial year 2004-2005 as the period of 3(three) months
had expired on 31.03.2005.
[8] A large number of employees of the erstwhile NFE
Scheme filed writ petitions before the Hon'ble Gauhati High Court,
Imphal Bench. And the Hon'ble Court disposed the petitions with the
directions to give preferential treatment to the erstwhile NFE
employees who have rendered more than 2 years service if the work
Writ Petition No. 690 of 2022 Page 5
under EGS and AIE is similar and the erstwhile NFE employee posses
the necessary qualifications. In this regard the Executive Committee of
the Sarva Shiksha Abhiyan, State Mission Authority has already
approaved a system to give preference to the erstwhile NFE employees
based on the length of service and qualifications and had placed the
proposal of (i) Extension of the engagement of 420 Education Workers
(Shiksha Karmi/Oja) under SSA for a period from 31.03.2005 to
31.03.2007. (ii) While considering engagement/appointment of 420
Education Workers (Shiksha Karmi/Oja) engagement of retrenched
employees of the erstwhile NFE in case of those who are found
qualified and possessing requisite qualifications for implementation of
the different programme under the SSA Scheme for the
engagement/appointment and also when the State Mission Authority
consider them fit before the Cabinet.
[9] The State Project Director, SSA State Mission Authority
Manipur issued Order dt. 18.09.2008 stating that pursuant to the
Gauhati High Court's order dt. 03.09.2007 in WP(C) No. 118 of 2007
the Chairman of the Executive Committee of SSA State Mission
Authority Manipur after due consideration of the letter dt. 22.02.2007 is
pleased to order that the writ petitioners along with other similarly
situated retrenched contract employees of the erstwhile NFE
programme would be duly considered while engaging contractual
employees of the SSA State Mission Authority in related areas with the
approval of the State Government.
[10] The Association being aggrieved submitted representation
dt. 15.05.2017 addressed to the Hon'ble Chief Minister, Manipur but it
was of to no avail and no actions were taken up, thereafter again in
2021 another representation dt. 22.01.2021 was submitted and the
same was forwarded vide letter dt. 22.03.2021 even then no actions
were taken up. The learned counsel for the petitioner further submitted
Writ Petition No. 690 of 2022 Page 6
that the petitioner presently learnt that some contract teachers are to
be appointed under the SSA Scheme.
[11] Since 2006 petitioner's Association has been submitting
representation after representations and even after the approval of the
Government of the members of the petitioners Association were not
accommodated and the order of the Hon'ble Gauhati High Court Imphal
Bench dated 10/5/2001 have not been complied with and implemented
till date however presently it is learnt that some contract teachers are
to be appointed under the SSA Scheme, and on learning of the same
Representation dated 24/11/2021 was submitted seeking for
consideration of the members of the Association as contract teachers
under the SSA Scheme on humane ground since most of the members
are having very few years at their disposal for service. Petitioner
approached the Hon'ble High Court by filling writ and in compliance of
Order dated 20.12.2021 respondents issued order dt. 23.02.2022
rejecting the petitioner's representation illegally and arbitrarily in
violation of the rights of the petitioner guaranteed by the constitution
of India. Hence the present petition is filed.
[12] The learned counsel for the respondent file affidavit in
opposition on behalf of the respondent nos. 1, 2 & 3 as follows:
"2. That, save and except those which are specifically admitted
herein, the deponent denies all the allegations and contentions
made by the petitioners in the Writ Petition.
3. That, with reference to Pars Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9 &
10 of the writ petition, the answering respondent has no
comment to offer.
4. That, with reference to para no. 11 of the writ petition, the
answering respondent begs to submit that there is no
provision of appointment of any contract teachers under
the Samagra Shiksha, Manipur (erstwhile SSA) at present.
5. That, with reference to para nos. 12 & 13 of the writ
petition, the answering respondent begs to submit that the
All Manipur Non-formal Education Welfare Association had
submitted representation dated the 24th November, 2021
for consideration of the members of the Association as
contract teachers under the SSA Scheme in view of the
Writ Petition No. 690 of 2022 Page 7
order dated 10th May, 2001 passed in WP(C) No. 258 of
2001 and on humane ground within a stipulated period of
time.
Further, the association filed WP(C) No. 941 of 2021 and
the same was disposed on the 20th December, 2021
thereby directing to consider and dispose of the
representation dated the 24th November, 2021 submitted
by the petitioners Association. In this regard, the State
Project Director, Samagra Shiksha, Manipur had issued
order No. 3/11/2021-SS/SIS dated the 23rd February, 2022
in compliance of the Hon'ble High Court's order stated
above thereby rejecting the claim of the petitioner for
consideration of appointment as contract teachers under
the SSA Scheme on the grounds stated therein.
6. That, with reference to Para No. 14 of the writ petition,
the answering respondent begs to submit that the
answering respondents vehemently deny the allegations
made therein on the ground that:
It is to submit that preferences were extended to all
the contract employees of the erstwhile Non-Formal
Education (NFE) Scheme by relaxing age limit and
providing five extra credit points, provided they fulfill the
requisite educational qualification specified for each
category of posts. As such maximum
preference/weightage was extended to the members of
the Association. However, those contract employees of the
erstwhile Non-Formal Education (NFE) who have not
fulfilled the above stated criteria were not selected under
the Education Guarantee Scheme (EGS).
However, after the introduction of RTE Act, 2009 w.e.f
st
1 April, 2010, the norms for SSA were revised, and, as
per the revised norms as stated in SSA framework of
Implementation (in light of right to Education Act, 2009)
under Sl. No. 4, column no. 3 of the Norms of
interventions that:
All existing EGS centers which have been functioning
under SSA for two years shall be converted to regular
schools, or closed down when children are mainstreamed
into neighboring schools. The process of up-gradation of
EGS centres to regular schools must be completed within
two years from the date of commencement of the RTE
Act. No new EGS centres will be sanctioned from 2010-11
onwards.
In this regard, the state had upgraded 456 eligible EGS
Centre as regular Primary Schools and the remaining 261
non-Eligible EGS Centre were closed and there is no EGS
Centre in the State since 2013-14 as the same had been
discontinued and they have not been restructured and
absorbed as a component of SSA as alleged by the
petitioners.
Further, it had also been provided in SSA framework of
implementation (in light of Right to Education Act, 2009)
Writ Petition No. 690 of 2022 Page 8
under Sl. No. 4, column no. 4 of the norms of
interventions that:
For conversion of EGS centres to schools:
a) All EGS centres upgraded primary schools
will be provided teachers, infrastructures and
facilities as mandated under RTE Act, 2009
as under:
i) At least two teachers, additional
teachers will be provided as per
the enrollment in reach converted
schools.
In this regard, the state had established 791 new
primary schools (including the upgraded 456 EGS Centre
as regular Primary Schools) and 1951 regular primary
teachers had been appointed through open advertisement
for direct recruitment for the said posts.
Further, it is to submit again that there is no provision
of appointment of any contract teachers under the
Samagra Shiksha, Manipur at present and also, regular
Primary Teachers as per the Relevent RR and RTE Act
have been appointed for the newly established Primary
Schools.
In view of the facts stated above, the order No.
3/11/2021-SS/SIS dated the 23rd February, 2022 was
issued by the State Project Director, Samagra Shiksha,
Manipur in compliance of the Hon'ble High Court's order
dated 20.12.2021 passed in WP(C) No. 941 of 2021.
Lastly, it is also to submit that Guidelines No. 3.5(V) of
the framework for implementation of SSA issued by MHRD
had not laid down any guidelines with regard to
restructure and absorption of EGS as a component of SSA
as alleged by the petitioner. And, in view of the norms
stated in SSA framework of implementation (in light of
right to Education Act, 2009) under Sl. No. 4, column No. 3
and 4 of the Norms of interventions stated above, the
service of the petitioners cannot be retained or utilized in
Education Guarantee Scheme (EGS) as the scheme had
already been discontinued.
7. That, with reference to para no. 15 of the writ petition, the
answering respondent begs to submit that it is to reiterate
again that preferences were extended to all the contract
employees of the erstwhile Non-Formal Education (NFE)
Scheme by relaxing age limit and providing five extra
credit points, provided they fulfill the requisite educational
qualification specified for each category of post. And,
those contract employees of the erstwhile Non-Formal
Education (NFE) who have not fulfilled the above stated
criteria were not selected.
8. That, with reference to para nos. 16, 17 & 18 of the writ
petition, the answering respondent begs to submit that in
view of the factual position stated above, that the present
writ petition is liable to be dismissed as devoid of merit.
Writ Petition No. 690 of 2022 Page 9
[13] The submission made by the learned counsel of the
petitioner Mr. K. Roshan that the petitioners herein the members of the
petitioner's association were utilized/serving as supervisors of the Non
Formal Education (NFE), Govt. of Manipur on contract basis which is
the centrally sponsored scheme and they rendered their services for
more than 10 years and the association move a writ petition being
WP(C) No. 258 of 2021 and WP(C) No. 397 of 2005 praying inter alia
for giving preferential treatment to the members of the association
before the Hon'ble Gauhati High Court and the Hon'ble High Court was
pleased to pass vide order dated 10.05.2021 directing the State
respondent to give the petitioner's preferential treatment at the time of
engagement under the new scheme. Thereafter, the Deputy Secretary
Edn.(S) issued her letter being No. 12(HC)/105/2001-SE(SCERT)
thereby conveying the decision of the government to recommend to
the society to consider the cases of the association for suitable
accommodation in the EGS and AIE in other scheme that may be
initiated in future and their suitability and otherwise to be examined by
the State and District leveled committee to make preferential treatment
for them on the basis of their experience.
[14] It is further submitted that the issue of the petitioner's
association was placed before the State cabinet. Thereafter, the
Commissioner Edn.(S), Govt. of Manipur vide the letter bearing No.
31/17/2003-SE(S)/SSA Imphal the 27th October, 2006 conveyed
approval to the engagement of 420 Education Workers (Shiksha
Karmi/Oja) under the SSA for implementation of the Scheme on
contract basis @ Rs.4000/- p.m for a period of 3(three) months w.e.f
01.01.2005 to 31.2.2005 with the approval of the State Cabinet in its
meeting held on 30.11.2004. However, the engagement could not be
completed within the stipulated period of 3(three) months during the
Writ Petition No. 690 of 2022 Page 10
financial year 2004-2005 as the period of 3(three) months had expired
on 31.03.2005.
[15] Further, learned counsel for the petitioner submits that
large no. of employees of the erstwhile NFE scheme file writ petitions
before the Hon'ble Gauhati High Court and Hon'ble High Court disposed
of the petitions with direction to give preferential treatment to them
who have rendered more than 2 years in service if the work under EGS
and AIE is similar and erstwhile NFE employees posses the necessary
qualification. In this regard, the executive committee of the Sarva
Shiksha Abhiyan, State Mission Authority has already approved a
system to give preference to the erstwhile NFE employees.
[16] Further the learned counsel for the petitioner submits that
the State Project Director, State Mission Authority has given its
approval to the engagement of 83 (41 Project Officers and 42
Supervisor of erstwhile NFE). However, the Chairman/DC, Bishnupur
District, SSA, Govt. of Manipur vide its order No. 1/5/2002-ED/ZEO-
IV(B)SSA engaged 4 education workers for implementation of SSA in
Bishnupur district excluding the members of the association. Being
aggrieved the members of the association submitted representation
dated 15.05.2017 but it was no avail and filed several representation.
[17] Further learned counsel for the petitioner submitted that
the members of the Association learnt that some contract teachers are
to be appointed under the SSA scheme. Being aggrieved the members
of the association filed another writ petition being WP(C) No. 941 of
2021 and the Hon'ble Court disposed of the said petition with direction
to the respondent to consider and disposed of the representation dated
24.11.2021 submitted by the petitioner's association within a period of
1(one) month. However, the respondent No. 3 in compliance thereof
issued order bearing No. 3/11/2021-SS/SIS: Imphal, the 23rd February,
Writ Petition No. 690 of 2022 Page 11
2022 rejecting the representation filed by the petitioner's Association
on 6(six) grounds. The ground No.(V) states that, "From 2012-2013,
there is no more Education Guarantee Scheme as the same was
discontinued. And at present, there is no provision for appointment of
any contract teacher under the Samagra Shiksha, Manipur erstwhile
SSA." And in the ground No.(VI) it is stated as , "At the time of earlier
appointments through advertisements preferences were extended to
the erstwhile non-formal educational personal by relaxing age limit and
providing five credits out of maximum credit points, provide they fulfill
the requisite the educational qualification specified for each category of
post. As such maximum preference/weightage were extended to the
members of the Association."
[18] After hearing the learned counsel for the petitioner as
well as learned counsel for the respondent it emerged that the
members of the petitioner's association were appointed and serving as
Supervisor of the Non Formal Education Government of Manipur on
contract basis which is a centrally sponsored scheme. The Hon'ble
Gauhati High Court was pleased to dispose of the said writ petitions
being WP(C) No. 258 of 2001 and WP(C) No. 397 of 2005 vide order
dated 10.05.2001 by directing the respondents to give the petitioner
preferential treatment to the members of the petitioner at the time of
engagement or employment under the new scheme. Thereafter,
Deputy Secretary Education (S) Govt. of Manipur informed the Director
of Education (S) Govt. of Manipur regarding the decision of the
Government to consider cases of the members of the Association for
suitable accommodation in EGS & AIE and in other scheme that may be
initiated in future and their suitability or otherwise which may be
examined by the State and District Level Committee respectively which
make them preferential treatment on the basis of their experience.
Writ Petition No. 690 of 2022 Page 12
[19] And the executive committee of the Sarva Shiksha Abiyan
Authority has already approved a system to give preference to the
erstwhile NFE employee based on the length of service and
qualification. Further, it has also emerged that State Mission Authority
Manipur after due consideration of the letter dated 22.02.2007 was
pleased to order that the members of the petitioner's Association along
with other similarly situated retrenched contract employees of the
erstwhile NFE programme would be duly considered while engaging
contractual employees of the SSA State Mission Authority in related
areas with the approval of the State Government.
[20] Further, as per the submissions of the learned counsel for
the petitioner that the petitioner's learnt that some contract teachers
are to be appointed under the SSA Scheme after learning the same the
petitioner's filed representation dated 24.11.2021 seeking for
consideration of the members of the association as contract teachers
under the SSA Scheme. However, the respondents vide order dated
23.02.2022 rejected the petitioner's representation stating that after
the introduction of the Right to Education Act, 2009 effective from
01.04.2010 the norms of SSA was revised. As such, there is no more
education guarantee scheme as the same was discontinued and at
present there is no provision for appointment of any contract teachers
under the Samagra Shiksha, Manipur erstwhile SSA. Further, it has
emerged that earlier appointment through advertisements preferences
were extended to the erstwhile Non Formal Education personal by
relaxing age limit and provided 5 credit points out of the maximum
credit points, provided they fulfill the requisite educational qualification
specified for each category of post. Accordingly, it is seen that
maximum preference/weightage were extended to the members of the
Association. It is to be mentioned that the petitioner failed to satisfy
the Court that similarly situated member's were absorbed and
appointed on regular basis.
Writ Petition No. 690 of 2022 Page 13
[21] Further, it is seen that guideline nos. 3.5(V) of the
framework for implementation of SSA issued by MHRD has not laid
down any guidelines with regard to restructure and absorption of EGS
as a component of SSA.
[22] In the facts and circumstances as discussed above there
is no ground to quash and set aside the impugned order bearing no.
3/11/2021-SS/SIS: Imphal dated 23.02.2022.
[23] Accordingly, the present writ petition is dismissed and
disposed of.
JUDGE
FR/NFR
Lucy
Writ Petition No. 690 of 2022 Page 14
