RAJMOHAN SINGH RAWAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioners in these writ petitions are serving as Block Resource Persons (in short "BRP") or Cluster Resource Persons (in short "CRP") under a project known as 'Sarva Shiksha Abhiyan'. Petitioners belong to the cadre of Assistant Teacher in Government Primary Schools or Government High Schools, who were appointed on deputation as Co-ordinator Block Resource Centre (BRC) and Cluster Resource Centre (CRC). The post of Co-ordinator in BRC is now redesignated as Block Resource Person (BRP) and that of Co-ordinator, CRC is redesignated as Cluster Resource Person (CRP). Now the State Government has decided to repatriate BRP and CRP to their original cadre of Assistant Teacher. Thus, feeling aggrieved, petitioners have approached this Court.

(2.) Sarva Shiksha Abhiyan (Education for all) is a flagship programme of the Government of India for universalisation of elementary education (Class 1 to 8). Sarva Shiksha Abhiyan is being implemented in partnership with the State Governments since the year 2000-2001. Under the said scheme, Central Government provides 90% of the funds and the remaining funds are provided by the State Government. For implementation of the aforesaid Scheme, State Government appointed Coordinators in Block Resource Centre (BRC) and Cluster Resource Centre (CRC) from amongst Assistant Teachers serving in Government schools. Initially appointments on the posts of Coordinator in BRC and CRC were made without holding any selection, consequently, majority of persons, serving as Coordinators in BRC/CRC, were appointed without facing any selection process. However, some Assistant Teachers were appointed as Coordinators in BRC/CRC after selection.

(3.) Since common questions of fact and law are involved in these petitions, therefore, all these petitions are clubbed together and are being heard and decided by a common judgment. However, for the sake of convenience, facts of WPSS No. 209 of 2018 are being considered.