PANDEY RAMESHKUMAR SHIVRAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this group of Special Civil Applications petitioners are persons qualified to be appointed as Primary School Teachers, having minimum qualification of PTC. Most of them have been selected as teacher (under different Schemes) during the period 1989 to 1998 but they still continue to be in category of unemployed PTC pass. In spite of the Government repeated ritual expression of its Constitutional obligation to secure development and expansion of Primary Education, the Educational scenario in the State reveals :

(2.) Executive Mismanagement at all level in the field of Primary Schools has shifted the school teachers to Court rooms. In some corners it is said judiciary is also responsible to certain extend because of frequent interventions by interim orders and not giving finality to even vital issues expeditiously. Though the common prayer of the majority of petitioners in these group of Special Civil Applications is appointment under 'Balguru Scheme' or 'Vidhya Sahayak Scheme' but the same has been made on the plank of challenge to the said schemes. Impugned "Balguru Scheme" has been introduced by the State of Gujarat vide Resolution dated 30.4.1997. This Scheme has been replaced by another impugned Scheme known as 'Vidhya Sahayak' introduced by the Government Resolution dated 11.6.1998. Main Criticism:

(3.) The main criticism against both the schemes is that they are in violation of statutory provisions of the Bombay Primary Education Act which casts a duty on the State Government to appoint Primary Teachers. The Scheme deprives entitlement of the prospects of such of the persons who having been selected by Regular Selection Board and awaiting appointment being on the select list against the existing vacancy of their year of selection and also against future vacancies. The Scheme provides for half paid teachers in asmuch as, that the regular pay scale of Rs. 4000-6000 (trained matric and graduates CBA) or Rs. 3500-4500 (untrained teachers) has been substituted by consolidated pay of Rs. 2000/- in Balguru Scheme and Rs. 2500 under the Vidya Sahayak Scheme including al'owance. These schemes are nothing but exploitation of teaching workers and as such in violation of Arts. 14 and 16 of the Constitution of India.