Stay on Siksha Mitra Training is already vacated from Allahabad Highcourt
Information provided by Mr. Naved -
The case details WRIT - A No. - 28004 of 2011 displayed on the blog is only one face of the coin which describes the STAY ON SHIKSHA-MITRA's TRAINING as WORDS FROM LAST PARAGRAPH
"training of 'Shiksha Mitra' proceeds upon an erroneous assumption that they are legally appointed untrained teachers, the petitioners are entitled to interim order.......Until further orders of this Court, effect and operation of the impugned approval order dated 14.1.2011 passed by the National Council for Teacher Education, New Delhi (Annexure No. 14 to the writ petition) shall remain stayed"
NOW the other face of the coin is SPECIAL APPEAL No. - 1032 of 2011 which describes the VACATED OF STAY ON SHIKSHA MITRA's TRAINING:
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1269369
more details on the same issue available at:
http://scertup.org/GO.pdf
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HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 37
Case :- SPECIAL APPEAL No. - 1032 of 2011
Petitioner :- State Of U.P. And Others
Respondent :- Santosh Kumar Mishra And Others
Petitioner Counsel :- K.S. Kushwah,S.C.,R.N. Singh
Respondent Counsel :- R.A. Akhtar,Siddharth Khare
Hon'ble R.K. Agrawal,J.
Hon'ble Bharati Sapru,J.
The present special appeal has been filed against the interim order dated 18th May, 2011 passed by the learned Single Judge whereby the learned Single Judge had stayed the effect and operation of the approval order dated 14th January, 2011 passed by the National Council for Teachers Education, New Delhi till further orders. By the order dated 14th January, 2011 National Council for Teachers Education, New Delhi had granted approval to the proposal made by the State Government regarding training of graduate 'Shiksha Mitra' through open and distance learning mode for providing Diploma in Elementary Education Course of two years duration. The approval order dated 14th January, 2011 also lays down 14 conditions to be observed and followed by the State Government. It appears that under the Right of Children to Free and Compulsory Education Act, 2009, enacted by the Parliament, free and compulsory elementary education has been made compulsory for the children from classes 1 to 8. The shortage of teachers is being faced by the State of U.P. and in order to overcome it the State Government has sent a proposal to the National Council For Teachers Education, New Delhi approving two years training course known as Diploma in Elementary Education to graduate Shiksha Mitra to be appointed as teachers to teach the students from classes 1 to 5. The learned Single Judge has stayed the operation of the approval order, thus, bringing the entire scheme to a stand still.
Sri R.N. Singh, learned Senior Counsel appearing for the appellants submitted that the interim order passed by the learned Single Judge in effect amounts to allowing the final relief and also bringing to halt the scheme for providing free education to children under the Right of Children to Free and Compulsory Education Act, 2009 as such the interim order which affect the development of the State ought not to have been passed and it would be another matter if the writ petition is finally decided and the Court would have come to conclusion that the scheme approved by the National Council for Teachers Education, New Delhi does not conform to various statutory provisions. He, thus, submitted that the interim order dated 18th May, 2011 passed by the learned Single Judge should be vacated. He further submitted that the aforesaid interim order has been passed in the writ petition filed by the 5 alleged unemployed B.Ed. graduates on the ground that their chance to become a teacher will be adversely affected. He submitted the learned Single Judge ought not to have stayed an ongoing training programme.
Sri Ashok Khare, learned Senior Counsel appearing for the respondents submitted that in view of the Division Bench judgment of this Court passed in Special Appeal No.10 of 2007, State of U.P. vs. Shailesh Kumar Dwivedi, decided on 4th September, 2009 such training programme cannot be implemented much less approved by the National Council for Teachers Education. According to him, Special Leave Petition filed against the said order of this Court has also been dismissed by the Apex Court vide order dated 26th March, 2010. He, thus, submitted that the learned Single Judge has rightly stayed the approval order dated 14th January, 2011 passed by the National Council for Teachers Education, New Delhi.
We have heard the rival submissions of the learned counsel for the parties. However, we refrain from making any comments on the merits of the matter and only confining ourselves on the question of grant of interim order in such a situation. Apparently, the State Government had taken a policy decision to impart training to graduate Shiksha Mitra in order to appoint them as teachers to teach the students of classes 1 to 5. Whether such a policy decision is arbitrary or unreasonable or violate Article 14 of the Constitution of India is to be seen at the time of final decision of the writ petition and by an interim order its operation cannot be stayed because it affects a large number of persons that too only at the instance of a few person claiming themselves as unemployed B.Ed graduates. We are, therefore, of the considered opinion that the order dated 18.5.2011 so far as it stays the effect and operation of the approval order dated 14th January, 2011 passed by the National Council for Teachers Education, New Delhi is liable to be vacated We accordingly, vacate the impugned interim order dated 18.5.2011 passed by the learned Single Judge. The respondents may file counter affidavit within three weeks. Rejoinder affidavit may be filed within two weeks. The writ petition be listed before the learned Single Judge on 12th July, 2011 for final disposal. We may make it clear that the training being imparted to Shiksha Mitra will be subject to the decision of the writ petition.
The special appeal stands allowed.
Order Date :- 30.5.2011
mt
Court No. - 37
Case :- SPECIAL APPEAL No. - 1032 of 2011
Petitioner :- State Of U.P. And Others
Respondent :- Santosh Kumar Mishra And Others
Petitioner Counsel :- K.S. Kushwah,S.C.,R.N. Singh
Respondent Counsel :- R.A. Akhtar,Siddharth Khare
Hon'ble R.K. Agrawal,J.
Hon'ble Bharati Sapru,J.
Allowed.
For order see order of date passed on the separate sheets.
Order Date :- 30.5.2011
mt
uday said...
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