STATE OF WEST BENGAL Vs. MOUIRUJJAMAN MULLICK

JUDGEMENT

(1.) THE law is already established that as a sequel to the provisions of the constitution of India as contained in Articles 14, 16 (1) and 39 (d), read with the relevant Supreme court decisions in the matter namely, Randhir Singh v. Union of India, AIR 1982 SC 879, Dhiren Chamoli v. State of U. P. (1986) 1 SCC 637, Surinder singh v. Engineer-in-Chief, CPWD, AIR 1986 SC 584, Bhagwan Dass v. State of Haryana AIR 1987 S. C. 2049 and Jaipal v. State of Haryana, AIR 1988 S. C. 1504 equal pay for equal work is a fundamental right and is very much enforceable in a court of law like any other fundamental right enshrined in Part III of the Constitution.

(2.) ON the factual aspects it; appears that pursuant to the recommendations of the working group set up by the planning commission in 1977 to consider universalisation of education among the children of economically disadvantaged rural sections of the community who are not attracted towards whole day or the full time formal school due to the necessity of augmenting the family income and helping in house hold chores, a scheme for Non-Formal Education was introduced by the government of India in 1979-90 in some educationally backward States including West Bengal. Accordingly a massive program for non-formal system of education among the children in the age group of 6 to 9 was adopted in these states. The programe was subsequent revised and administrative strategies strengthned and management and supervision were decentralised. At the beginning each centre with one instructor and 25 learners had an annual budget of Rs. 1,250/ per instructor per annum which was later revised to Rs. 105/ per month per instructor for the primary level and Rs. 125/ per month per instructor at the upper primary level. Also contingent expenses for teaching and learning materials and equipments has been provided for. It was laid down that Rs. 105/- or rs. 125/- per month payable to an instructor is not his salary but only an honorarium aiming to utilise persons motivated to serve the community. Each instructor attached to N. F. E. Centre is required to render voluntary service to motivate the children who never joined any school as also drop-outs of schools in addition to his or her other occupation. Regarding the fund required to implement the scheme, the centres are to run in the form of projects of about one. hundred such centre in a compact and contiguous area, 50% of which is to be made available by the State government and rest 50% by the Central Government in case of boys and 10% and 90% by the State and Central Government respectively in case of girls. A separate administrative machinery is to be set up at State education Directorate, District and Block levels for management of the project and supervisors are to be appointed for every 10-12 centres.

(3.) FOLLOWING the direction of the Central Government the State of West bengal also prepared elaborate scheme for opening part-time normal education centres and issued guidelines regarding setting up and functioning of such centres. Duration of the course, the Guidelines indicate, is three years. During the first year the condensed syllabi of class i and class II of regular primary schools is to be followed and during the two subsequent years students are to be imparted education according to the syllabus of class III and class IV of regular primary schools. At the end of the 4-year period the students are expected to be made ready or admission to class V of a regular Junior High or High School. No fixed abide for situation of a centre is prescribed, which should preferably be located in the building of existing primary. Junior Basic or Junior High school. Mahila Samiti premises and centres for social activities. The state government guidelines also indicate that besides the honorarium for the instructors each centre will also) get Rs. 10/= per month for contingent expenditure and to start with, a centre may be granted a non-recurring expenditure towards furniture, equipment, goods etc. amounting to rs. 60/=. Regarding administrative control, in rural areas the ad hoc committee or the District School Board shall have control over the. non-formal centres which is to draw necessary funds from the government, give appointment to part time teachers and make payment to the teachers as admissible. The District Inspector of Schools, Primary education shall discharge such functions in consultation with the urban advisory committee in respect of particular area.