BALVEER SINGH BISHT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is preferred against the order passed by the learned Single Judge in WPSS No. 634 of 2018 dtd. 27/4/2019. Writ Petition (S/S) No. 634 of 2018 formed part of a batch of the writ petitions, in WPSS No. 190 of 2019 and batch, all of which were dismissed by the order under appeal dtd. 27/4/2019. The relief sought for, in Writ Petition (M/S) No. 634 of 2018, is for the issue of a certiorarified mandamus to quash the effect and operation of the impugned order dtd. 25/1/2018, including all consequential orders and relieving orders, in so far as it related to BRP and CRP; and for a mandamus directing the respondents to continue the petitioners as BRP/CRP at their respective place of posting.

(2.) In the order under appeal, the learned Single Judge noted that the petitioners were all serving either as Block Resource Persons (in short "BRP") or Cluster Resource Persons (in short "CRP") under a project known as Sarva Shiksha Abhiyan; they belonged to the cadre of Assistant Teachers in Government Primary Schools or Government High Schools; they were appointed, on deputation, as Co-ordinator-Block Resource Centre (BRC) and Cluster Resource Centre (CRC); the post of Co-ordinator in BRC was later re-designated as Block Resource Person (BRP) and Co-ordinator, CRC was re- designated as Cluster Resource Person (CRP); and the order, impugned in the writ petition, was the decision of the State Government to repatriate the BRPs and CRPs to their original cadre of Assistant Teachers.

(3.) Facts, as have been noted in the order under appeal, are that the Sarva Shiksha Abhiyan (Education for all) was a programme launched by the Government of India for universalization of elementary education. This programme is being implemented in partnership with the State Government. Under this scheme, the Central Government provides 90% of the funds, and the remaining 10% are required to be provided by the State Government. For implementation of this scheme, initially BRC and CRCs were appointed on deputation, from amongst Assistant Teachers serving in Government schools, without their having to undergo any process of selection. Later, a selection process was undertaken in which all Assistant Teachers could participate, and many of them, who were found successful in the selection process, were also appointed as BRCs and CRCs.