PRAFULLA KUMAR RATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) POST -globalization, the world has changed & the notion of "One World" has emerged as a powerful & modern phenomenon. Amidst all this, one sector that has changed dramatically is the education -sector. This changing situation requires building of human capital to be utilized for overall development of our country. To put it simply, it is the development of our country. We must invest the energies & aspirations of a vast majority of our people so that they can contribute to & get the benefit from the new phase of growth & be a part of the exciting future. India has to grow from developing country to a developed country & alleviate poverty by changing, itself from an agrarian to a manufacturing & services. To meet all round growth in agriculture, manufacturing & services which need up -skill or re -skill 500 million people by 2020 to meet the growth but at present we can train barely 50 million with an astounding gap of 90%. Considering the said gap & having foresight, the Government has already taken steps by encouraging public & private partnership to allow Corporations & NG Os to put up schools across the country & to unshackle the school sector from bureaucratic red -tape & allow both public & private schools to co -exist & compete. The Government has also taken steps to ensure education to all & also introduced Integrated Child Development Services Scheme & Sarva Sikhya Abhiyan Scheme to provide education to mass illiterate persons living in rural areas as well as unskilled labourers living in urban areas. The aim & object of Sarva Sikhya Abhiyan is to provide useful & relevant elementary education for all children by 2010 & complete elementary schooling after reading in Education Guarantee Centre, alternate school & back to school camp with emphasis on education for life. (Emphasis supplied). Alas! Here is a case where red -tapism prevents the Petitioner to participate in the changing system & educate the children of remote villages at base -level having requisite qualification & experience when the Government has admitted that there is shortage of teachers to provide education facilities to mass illiterate persons.

(2.) IN this Writ Petition, the Petitioner has challenged the Order Dated 30.7.2009 passed by the Collector, Jajpur rejecting his representation to be engaged as Gana Sikshyak as per Government Resolution dated 16.2.2008 as he had already been disengaged as Education Volunteer.

(3.) WHILE the matter stood thus, on 1.6.2004, the District Project Officer, Sarva Sikshya Abhiyan, Jajpur issued a circular directing closure of the EGS Centre functioning or proposed to function with effect from 1.6.2004 where new Primary Schools have been opened. As per the said circular, the Education Volunteers of EGS Centre were unilaterally disengaged from 1.6.2004. The Government of Orissa while taking a policy decision to close the EGS Centre, considering the problems to be faced by the Education Volunteers under the said Scheme on disengagement, decided to rehabilitate -the Education Volunteers as Gana Sikshyaks & passed a resolution on 16.2.2008. In the said resolution, it was decided that the disengaged Education Volunteers who are trained (Matric, 10th (H.S.C.) +2 with C.T., B.A./B. Sc./B. Com with B. Ed) will be engaged as Gana Sikshyak with a consolidated remuneration of Rs. 2000 per month & those who are untrained (Matric, 10th (HSCE)/+2) will be engaged with a consolidated remuneration of Rs. 1750 per month. The Petitioner being a trained Matric having been disengaged as Education Volunteer was eligible for being engaged as Gana Sikshyak. But his case was not considered in terms of the aforesaid resolution. Therefore, he filed a representation before the Collector & District Magistrate, Jajpur, Opp. Part No. 2 ventilating his grievances. As Opp. Part No. 2 did not take any decision on the representation of the Petitioner, he approached this Court in WPC No. 14961 of 2008, which was disposed of on 21.10.2008 with a direction to the Collector, Jajpur to dispose of the representation of the Petitioner in accordance with the resolution. On considering the representation of the Petitioner, the Collector, Jajpur rejected his representation on the ground that the Education Committee in its meeting dated 23.11.2003 decided to open one EGS Centre at Korai Praharajpur under Binjharpur Block, but no approval was made by the Committee to engage Sri Rath as Education Volunteer. Qualification of the Education Volunteer has been provided under the Education Guarantee Scheme. The minimum age to apply for the said post is 18 years on the date of filing of the application, & the maximum age is 35 years. From the matriculation certificate, it appears that the Petitioner was 37 years of age on the date of filing of his application for engagement of Education Volunteer. Hence, he did not qualify for the post of Education Volunteer as per the provision contained in the Scheme & also there was no such record available to show that Sri Rath had served in any EGS Centre.