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HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No.33
Civil Misc. Writ Petition No. 56637 of 2011
Km. Babita
Vs.
State of U.P. & Ors.
******
Hon. Dilip Gupta, J.
The State Government formulated a Scheme dated 11th July, 2011 for imparting two years teaching programme through Open and Distance Learning Mode to Untrained Graduate Shiksha Mitras. The petitioner, who claims to be an Untrained Graduate Shiksha Mitra, has filed this petition for a direction upon the respondents to send the petitioner for this two years training.
It is stated that the petitioner was engaged as a Shiksha Mitra in the year 2006 and during this engagement the petitioner also pursued her regular B.A. III year course. The reason for not sending the petitioner for such training is that the petitioner was a regular student of B.A. III year when she was engaged as a Shiksha Mitra and was, therefore, not continuously working as a Shiksha Mitra.
Learned counsel for the petitioner has submitted that permission from the Gram Shiksha Samiti was taken by the petitioner for appearing at the examination and, therefore, the respondents are not justified in not sending the petitioner for training.
Learned Standing Counsel appearing for the respondents has submitted that the Government Order dated 11th July, 2011 provides that only such Graduate Untrained Shiksha Mitras shall be sent for training who have been continuously working as Shiksha Mitras and as the petitioner was pursuing her regular B.A. Part III course, it cannot be said that she was continuously working as a Shiksha Mitra. He has also pointed out that the Government Orders dealing with engagement of Shiksha Mitras do not provide for grant of leave for the purposes of higher education and in fact, by the Government Order dated 15th June, 2007, it was specifically provided that Shiksha Mitras, who have passed Intermediate Examination shall not be granted leave for the purposes of obtaining Graduation Degree. This was, however, modified by the subsequent Government Order dated 12th November, 2008 to the extent that such Shiksha Mitras who had passed Intermediate Examination could be permitted to pursue their Graduation through Distance Education Mode only with leave to them for the examination days only and that too without payment of honorarium.
I have considered the submissions advanced by learned counsel for the parties.
It needs to be noticed that the Scheme of engaging Shiksha Mitras for teaching students of Primary Schools run by the U.P. Basic Education Board, was for the first time framed by the State Government by the order dated 26th May, 1999. The Scheme was framed as the State Government found as a fact that there was shortage of teachers eligible for appointment in the Primary Schools as a result of which the teacher taught ratio could not be maintained. The minimum eligibility requirement to be possessed by a candidate was notified as Intermediate or an equivalent examination and such Shiksha Mitras could be engaged on a fixed honorarium. The petitioner had only cleared the Intermediate examination when she was engaged as a Shiksha Mitra.
As noticed hereinabove, the entire Scheme to engage Shiksha Mitras was to fill up the existing shortage of teachers to teach in the Primary Schools run by the Basic Education Board. The petitioner, who was engaged as a Shiksha Mitra, however, during the course of her engagement for a fixed period of eleven months, with a provision for extension, decided to pursue her regular B.A. III year course. There was no provision for granting leave for such engagement as it only for the first time by the Government Order dated 12th November, 2008 that it was provided that leave could be given for the days when the examination was held to such Shiksha Mitras who had passed Intermediate Examination for pursuing higher education by Distance Mode.
The Government Order dated 11th July, 2011 which provides for sending Untrained Graduate Shiksha Mitras for two years training so as to make them eligible for appointment as Assistant Teachers under the relevant service Rules framed by the Board provides that the facility will be given only to those Shiksha Mitras who are continuously teaching in the School after the date of the initial engagement. Thus, Shiksha Mitras who pursued a regular Graduation course cannot be permitted to contend that they were continuously teaching in the Institution.
The issue regarding pursuing higher studies by such Shiksha Mitras who had only cleared the Intermediate Examination was examined by a Division Bench of this Court in Writ Petition No. 2373 of 2009 (Devi Prasad S/O Narsingh (P.I.L) Vs. District Magistrate/Chairman, District Education Level Committee) which was filed as a Public Interest Litigation. This petition was disposed of by the Court by the order dated 23rd February, 2010 with the following observations:-
"This writ petition, in the form of public interest litigation, is preferred by a Member of the Gram Panchayat of a village. The real purpose to be determined by this Court in this public interest litigation is as to whether a Shiksha Mitra can obtain leave for the purpose of higher studies or not. The point was restricted with regard to a particular school in the village in question, but upon considering the pros and cons and government orders, we find that as against the honorarium, some of the candidates are being chosen by the Selection Committee to impart basic education for a period of one year. If within such period leave is granted to any one, the purpose of imparting basic education will be frustrated. As a result thereof, we cannot appreciate any stand for obtaining leave with pay or without pay for higher education by any Shiksha Mitra, who has contractually been appointed for a period of one year as against the honorarium. It is correct to say that if a Shiksha Mitra wants to appear in any examination, he can obtain leave for a limited number of days without pay and thereafter join. The public purpose is to be placed over and above the private purpose and following the said logic, the purpose of imparting basic education cannot be allowed to be frustrated in the manner as proposed, therefore, as soon as one leaves without any intimation or with intimation for higher studies, the concerned authority will immediately deploy a new incumbent by way of fresh selection. However, the contract of the candidate, who obtains leave for higher studies, will, under no circumstance, be allowed to be renewed. We hope and trust that the State will follow the import of this order and issue appropriate government order as early as possible.
The petition is disposed of accordingly, however, without passing any order as to costs."
(emphasis supplied)
It is a consequence of the aforesaid decision of the Court that the Government Order dated 6th July, 2010 was issued which provides that for the purposes of higher education, Shiksha Mitra shall not be given leave but such Shiksha Mitras who desire to obtain higher degree through correspondence course can be granted leave to only appear at the examination without payment of honorarium.
It also needs to be pointed out that the Division Bench in Special Appeal No. 116 of 2010 (Smt. Dipti Singh Vs. State of U.P. & Ors.,) also, in its order dated 9th March, 2010, pointed out that the purpose of the Scheme would be frustrated if Shiksha Mitras were granted leave for higher education. The order is :-
"Apart from this technicality, the fact remains that the appellant very well knew that she was engaged/appointed under a scheme and that she had to follow the terms and conditions laid down for the purpose. The scheme did not provide anywhere for grant of study leave, rather, the entire scheme of Shiksha Mitra has been framed with an object to engage local residents for imparting education at the village level and if these local residents are allowed to go on leave for such a long duration, that too for enhancement of their educational qualification, it would defeat the very purpose of the scheme.
The plea of the appellant that the Village Level Committee or its Secretary has granted the leave and, therefore, also her services could not have been terminated, is of no consequence, reason being that the Village Level Committee itself was not competent, what to say of the Secretary, to grant any such study leave and if the Committee has acted in violation of the scheme or against the interest of the scheme, neither any benefit can be given nor any protection can be extended to the appellant for that reason.
Considering this aspect of the matter, the learned Single Judge has observed that the scheme of Shiksha Mitra is for educating the rural children, who are otherwise incompetent and incapable of going outside the village to get some education and that it is a benevolent scheme where only one teacher is appointed to teach the whole number of students available and, therefore, such a leave for enhancement of career, leaves hundreds of students in jeopardy.
At this juncture, learned counsel for the appellant submitted that in the present case, there were six teachers available.
Be that as it may, this Court would not exercise its discretionary jurisdiction for passing an order which would run contrary to the scheme itself and, therefore, we do not find any ground to interfere with the impugned order."
(emphasis supplied)
It is thus seen that both the aforesaid Division Benches of this Court have emphasized that obtaining leave with pay or without pay for higher education by any Shiksha Mitra, who has been contractually appointed for a period of eleven months against payment of honorarium, cannot be appreciated. It has also been observed that the Scheme which had been framed with the object of engaging local residents for imparting education at the primary level will be defeated if Shiksha Mitras are permitted to go on leave for enhancement of their educational qualification.
It is, therefore, not possible for the Court to accept the contention of learned counsel for the petitioner that she should be sent for training under the Government Order dated 11th July, 2011.
The writ petition is, accordingly, dismissed.
Date: 29.9.2011
NSC
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HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No.33
Civil Misc. Writ Petition No. 56637 of 2011
Km. Babita
Vs.
State of U.P. & Ors.
******
Hon. Dilip Gupta, J.
The State Government formulated a Scheme dated 11th July, 2011 for imparting two years teaching programme through Open and Distance Learning Mode to Untrained Graduate Shiksha Mitras. The petitioner, who claims to be an Untrained Graduate Shiksha Mitra, has filed this petition for a direction upon the respondents to send the petitioner for this two years training.
It is stated that the petitioner was engaged as a Shiksha Mitra in the year 2006 and during this engagement the petitioner also pursued her regular B.A. III year course. The reason for not sending the petitioner for such training is that the petitioner was a regular student of B.A. III year when she was engaged as a Shiksha Mitra and was, therefore, not continuously working as a Shiksha Mitra.
Learned counsel for the petitioner has submitted that permission from the Gram Shiksha Samiti was taken by the petitioner for appearing at the examination and, therefore, the respondents are not justified in not sending the petitioner for training.
Learned Standing Counsel appearing for the respondents has submitted that the Government Order dated 11th July, 2011 provides that only such Graduate Untrained Shiksha Mitras shall be sent for training who have been continuously working as Shiksha Mitras and as the petitioner was pursuing her regular B.A. Part III course, it cannot be said that she was continuously working as a Shiksha Mitra. He has also pointed out that the Government Orders dealing with engagement of Shiksha Mitras do not provide for grant of leave for the purposes of higher education and in fact, by the Government Order dated 15th June, 2007, it was specifically provided that Shiksha Mitras, who have passed Intermediate Examination shall not be granted leave for the purposes of obtaining Graduation Degree. This was, however, modified by the subsequent Government Order dated 12th November, 2008 to the extent that such Shiksha Mitras who had passed Intermediate Examination could be permitted to pursue their Graduation through Distance Education Mode only with leave to them for the examination days only and that too without payment of honorarium.
I have considered the submissions advanced by learned counsel for the parties.
It needs to be noticed that the Scheme of engaging Shiksha Mitras for teaching students of Primary Schools run by the U.P. Basic Education Board, was for the first time framed by the State Government by the order dated 26th May, 1999. The Scheme was framed as the State Government found as a fact that there was shortage of teachers eligible for appointment in the Primary Schools as a result of which the teacher taught ratio could not be maintained. The minimum eligibility requirement to be possessed by a candidate was notified as Intermediate or an equivalent examination and such Shiksha Mitras could be engaged on a fixed honorarium. The petitioner had only cleared the Intermediate examination when she was engaged as a Shiksha Mitra.
As noticed hereinabove, the entire Scheme to engage Shiksha Mitras was to fill up the existing shortage of teachers to teach in the Primary Schools run by the Basic Education Board. The petitioner, who was engaged as a Shiksha Mitra, however, during the course of her engagement for a fixed period of eleven months, with a provision for extension, decided to pursue her regular B.A. III year course. There was no provision for granting leave for such engagement as it only for the first time by the Government Order dated 12th November, 2008 that it was provided that leave could be given for the days when the examination was held to such Shiksha Mitras who had passed Intermediate Examination for pursuing higher education by Distance Mode.
The Government Order dated 11th July, 2011 which provides for sending Untrained Graduate Shiksha Mitras for two years training so as to make them eligible for appointment as Assistant Teachers under the relevant service Rules framed by the Board provides that the facility will be given only to those Shiksha Mitras who are continuously teaching in the School after the date of the initial engagement. Thus, Shiksha Mitras who pursued a regular Graduation course cannot be permitted to contend that they were continuously teaching in the Institution.
The issue regarding pursuing higher studies by such Shiksha Mitras who had only cleared the Intermediate Examination was examined by a Division Bench of this Court in Writ Petition No. 2373 of 2009 (Devi Prasad S/O Narsingh (P.I.L) Vs. District Magistrate/Chairman, District Education Level Committee) which was filed as a Public Interest Litigation. This petition was disposed of by the Court by the order dated 23rd February, 2010 with the following observations:-
"This writ petition, in the form of public interest litigation, is preferred by a Member of the Gram Panchayat of a village. The real purpose to be determined by this Court in this public interest litigation is as to whether a Shiksha Mitra can obtain leave for the purpose of higher studies or not. The point was restricted with regard to a particular school in the village in question, but upon considering the pros and cons and government orders, we find that as against the honorarium, some of the candidates are being chosen by the Selection Committee to impart basic education for a period of one year. If within such period leave is granted to any one, the purpose of imparting basic education will be frustrated. As a result thereof, we cannot appreciate any stand for obtaining leave with pay or without pay for higher education by any Shiksha Mitra, who has contractually been appointed for a period of one year as against the honorarium. It is correct to say that if a Shiksha Mitra wants to appear in any examination, he can obtain leave for a limited number of days without pay and thereafter join. The public purpose is to be placed over and above the private purpose and following the said logic, the purpose of imparting basic education cannot be allowed to be frustrated in the manner as proposed, therefore, as soon as one leaves without any intimation or with intimation for higher studies, the concerned authority will immediately deploy a new incumbent by way of fresh selection. However, the contract of the candidate, who obtains leave for higher studies, will, under no circumstance, be allowed to be renewed. We hope and trust that the State will follow the import of this order and issue appropriate government order as early as possible.
The petition is disposed of accordingly, however, without passing any order as to costs."
(emphasis supplied)
It is a consequence of the aforesaid decision of the Court that the Government Order dated 6th July, 2010 was issued which provides that for the purposes of higher education, Shiksha Mitra shall not be given leave but such Shiksha Mitras who desire to obtain higher degree through correspondence course can be granted leave to only appear at the examination without payment of honorarium.
It also needs to be pointed out that the Division Bench in Special Appeal No. 116 of 2010 (Smt. Dipti Singh Vs. State of U.P. & Ors.,) also, in its order dated 9th March, 2010, pointed out that the purpose of the Scheme would be frustrated if Shiksha Mitras were granted leave for higher education. The order is :-
"Apart from this technicality, the fact remains that the appellant very well knew that she was engaged/appointed under a scheme and that she had to follow the terms and conditions laid down for the purpose. The scheme did not provide anywhere for grant of study leave, rather, the entire scheme of Shiksha Mitra has been framed with an object to engage local residents for imparting education at the village level and if these local residents are allowed to go on leave for such a long duration, that too for enhancement of their educational qualification, it would defeat the very purpose of the scheme.
The plea of the appellant that the Village Level Committee or its Secretary has granted the leave and, therefore, also her services could not have been terminated, is of no consequence, reason being that the Village Level Committee itself was not competent, what to say of the Secretary, to grant any such study leave and if the Committee has acted in violation of the scheme or against the interest of the scheme, neither any benefit can be given nor any protection can be extended to the appellant for that reason.
Considering this aspect of the matter, the learned Single Judge has observed that the scheme of Shiksha Mitra is for educating the rural children, who are otherwise incompetent and incapable of going outside the village to get some education and that it is a benevolent scheme where only one teacher is appointed to teach the whole number of students available and, therefore, such a leave for enhancement of career, leaves hundreds of students in jeopardy.
At this juncture, learned counsel for the appellant submitted that in the present case, there were six teachers available.
Be that as it may, this Court would not exercise its discretionary jurisdiction for passing an order which would run contrary to the scheme itself and, therefore, we do not find any ground to interfere with the impugned order."
(emphasis supplied)
It is thus seen that both the aforesaid Division Benches of this Court have emphasized that obtaining leave with pay or without pay for higher education by any Shiksha Mitra, who has been contractually appointed for a period of eleven months against payment of honorarium, cannot be appreciated. It has also been observed that the Scheme which had been framed with the object of engaging local residents for imparting education at the primary level will be defeated if Shiksha Mitras are permitted to go on leave for enhancement of their educational qualification.
It is, therefore, not possible for the Court to accept the contention of learned counsel for the petitioner that she should be sent for training under the Government Order dated 11th July, 2011.
The writ petition is, accordingly, dismissed.
Date: 29.9.2011
NSC
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment / शिक्षक भर्ती / SARKARI NAUKRI NEWS
UP-TET 2011, 72825 Teacher Recruitment,Teacher Eligibility Test (TET), 72825 teacher vacancy in up latest news join blog , UPTET , SARKARI NAUKRI NEWS, SARKARI NAUKRI
Read more: http://naukri-recruitment-result.blogspot.com
http://joinuptet.blogspot.com
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CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET ,
Rajasthan TET / RTET, BETET / Bihar TET, PSTET / Punjab State Teacher Eligibility Test, West Bengal TET / WBTET, MPTET / Madhya Pradesh TET, ASSAM TET / ATET
, UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET , APTET / Andhra Pradesh TET , CGTET / Chattisgarh TET, HPTET / Himachal Pradesh TET
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