ARVIND RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-20096-2021.

(2.) The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking setting aside of order dtd. 7/5/2021 (Annexure P-45) whereby respondent has rejected their claim for regularization of service. They are further seeking direction to respondent to integrate services of the petitioners rendered under Sarva Shiksha Abhiyan (for short 'SSA') into the regular cadre of the Education Department, U.T. Chandigarh.

(3.) The Ministry of Human Resource Development, Government of India in 2004 visualized SSA as comprehensive and integrated programme to attain universal elementary education in the country. The said programme was launched in partnership with the State Governments and Local Self Governments. As per approved programme, States and U.T. were supposed to make appointment of additional teachers to comply with pupil teacher ratio prescribed under Right to Education Act (in short 'RTE'). It was provided that new teachers would be appointed for opening new schools and additional teachers for existing schools. The maximum number of upper primary teachers would depend on the strength of upper primary Sec. . There would be minimum two teachers for new primary school and three teachers for upper primary schools. The salary of additional teachers will normally be allowed under SSA. States have their own norms of recruitment of teachers and payment of salary to new recruits. The states will be free to follow their own norms as long as these are consistent with the norms prescribed by National Talent Search Examination (NTSE). At least 50% new teachers should be women. Grant would be given to Government Schools as well as Government-Aided School, Cantonment, Municipal Corporation Schools and aided madrasas. In case of schools other than Government Schools, additional conditions including condition of salary shall be complied with. Salary of teachers and their service condition would be similar to Government School Teachers. Financial assistance was contemplated as 85:15 during 9th Five Year Plan, 75:25 during 10th Five Year Plan and 50:50 sharing thereafter between the Government of India and State Government. It is apt to notice here that as per reply of Union of India (for short 'UOI'), in case of U.T. without Legislature, 100% funds would be provided by UOI.