YARUINGAM Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr R. Daniel, learned counsel assisted by Mr U. Duidang, learned counsel for the petitioners and also Mr L. Shyamkishore Singh, learned Sr. counsel assisted by Mr K. Jagat Singh, learned counsel for the; respondents No. 1, 2 & 5 as well as Mr R.K. Jayantakumar Singh, learned Addl. Govt. Advocate for the State respondents No. 3&4.

(2.) In this Writ Petition, the petitioners made a prayer for a direction to the respondents to appoint or to give posting of adequate number of teachers to meet the needs of the students of Sotraphung Govt. J.B. School and to provide necessary aminities like sufficient class rooms for the students numbering about 200 and for giving status of a full fledged Govt. J.B. School by contending inter alia, that the petitioner No. 1 is the Headman of Soraphung Village and the petitioner No. 2 is a student reading in Class-V in the said school being repreitented by the petitioner No. 1. The said school was established in the year 1986 and is located at the main housing site of the village which is 45 kms far from the main village, Kharasom village the nearest bus stop and from Kharasom to Ukhrul it has a distance of 88 kms. Therefore, it is about 133 kms from Soraphung to Ukhrul. The village has 168 houses having a population of about 1,120 as per the latest census report of 1991 and at present there are altogether about 200 Pupils in the said school. Since the date of establishment of the said school in the year 1986, a school teacher namely; Shri Wilson Tangkhul has been posted and serving there in the said school as a lone teacher. Therefore, it has become a difficult problem on the part of the said lone teacher to run the school without adequate number of teachers for the pupils numbering about 200. Thus, causing a great injustice to the people of the said school and also affecting their students' career even though the said lone teacher has teen doing at his best level. It is also the case of the petitioners that they approached the competent.. authorities by filing representation from time to time for appointment of teachers of the said school or for making posting of adequate number of teachers in the said school as seen in the documents marked as Annexiires-A/1, A/2, A/3, A/4 and A/5 to the Writ Petition.

(3.) Supporting the case of the writ petitioners, Mr Daniel, learned counsel contended that our Constitution provided for free and compulsory education for all children until they complete the age of 14 years and it is the constitutional mandate of the State to provide compulsory education, for which minimum requirements for a school is necessary inasmuch as at least adequate number of teachers should be posted there for imparting education in a remote village like Soraphung village. Despite the existence of these troubles and hurdles in the life of the poor villagers for their children, the;said lone teacher has been serving in the said school in the interest of the students of the said school, but the students are facing a lot of difficulties and problems for want of adequate number of teachers in the said school. At the hearing, Mr R. Daniel, learned counsel has drawn my attention to the document matrked as Annexure-A/7 to the writ petition, which is a news item published in the local daily "Poknapham" on 5.9.98 and submitted that the Government even posted and utilised the services of 24 teachers for 33 girl students in Thangmeiband Girls High School, Imphal and the school like the petitioners' school located at a remote place of the State, the State respondents authority concerned allowed only a lone teacher to serve in the said school for the students numbering about 200. Mr. R.K. Jayantakumar Singh, learned Addl. Govt. advocate as well as Mr L. Shyamkishore Singh, learned Sr. counsel for the respondents submitted that they have nothing to say about the submissions so far advanced by Mr Daniel, learned counsel for the petitioners in this matter as they have no knowledge about the actual position of it. However, Mr Shyamkishore Singh, learned Sr. counsel appearing for the respondents No. 1, 2 and 5 contended that this school is under the control of the Ukhrul Autonomous District Council not under the State Government as it is only a grant-in-aid school and there has been shortage of number of teachers in all the schools under the Ukhrul Autonomous District Council and for want of fund, the Ukhrul Autonomous District Council could not afford the services of teachers in the schools including the petitioner's school and due to this circumstances, no new post can be created. However, Mr Shyamkishore Singh in his usual frankness conceded that additional teacher or teachers will be appointed when new posts are created and funds are available under the Ukhrul Autonomous District Council for the petitioner's school and the school building may also be expanded when this funds are available.