DINESH JHA SON OF LATE KUMAR JHA Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT, VIKASH BHAWAN, BIHAR, PATNA

JUDGEMENT

(1.) DINESH Jha, who claims to be public spirited citizen, has approached this court in public interest litigation for issuance of appropriate writ or direction to the respondents for re -starting and revamping teachers training programme in the State of Bihar.

(2.) ACCORDING to the petitioner, Article 21A of the Constitution of India provides free and compulsory education to the children of age group of six to fourteen years and if the teachers are not given adequate training by the teachers training institutes, untrained teachers would be imparting education to the children of age group of six to fourteen years, which is in violation of Article 21A of the Constitution of India. We are afraid, the petitioner has not made necessary enquiries before approaching this court for the aforesaid relief. In the matter of public interest litigation, it is not only expected but also required of the petitioner to be vigilant before approaching this court in high prerogative jurisdiction and that, too, where the petitioner is not personally interested.

(3.) A non -governmental organization called Justice and Human Rights Forum had approached this court in public interest litigation, by filing writ petition being C.W.J.C. No. 14003 of 2006 (Justice and Human Rights Forum V/s. State of Bihar and Ors.), raising identical issues. The said writ petition came to be disposed of by us on 11th September, 2008. The matter was considered by us thus: - "During the course of arguments, Mr. Lalit Kishore, AAG -III, submitted that out of sixty training institutions in the State of Bihar, the training sessions in twelve training institutions have already begun. He submitted that out of these twelve training institutions, eleven institutions have intake capacity of fifty students while one institution has the intake capacity of one hundred students. He further submitted that thirty five training institutions are not recognized by the National Council of Teacher Education (for short, 'NCTE ') and that some inquiry is going on with regard to these institutions and unless these thirty five institutions are granted recognition by the NCTE, these training institutions cannot commence their training sessions. In respect of thirteen training institutions, the Additional Advocate General assures us that on and from 1st April, 2009, these institutions will also commence training sessions as per permitted intake capacity. 2. The counsel for the petitioner is, however, not ready to accept the statement of the Additional Advocate General -Ill. He would submit that according to his information, there are many training institutions recognized by the NCTE but the State Government has unnecessarily started some inquiry or the other against them and as a result thereof, many of these institutions have not been able to commence training sessions. He strenuously urged that in accord with the NCTE Act and the Regulations framed thereunder which require trained teachers, the Government of Bihar must have a definite plan with sufficient number of training institutions for imparting training courses. 3. It needs no reiteration by the court that with NCTE Act, 1993 enacted by the parliament having come into force and the Regulations, 2001 been framed thereunder that provides for qualification for recruitment of teachers from primary education to senior secondary education, the State Government must ensure that adequate and sufficient number of training institutions function in the State of Bihar so that adequate number of trained persons are available for recruitment as teachers in the State. 4. In a highly populous State like Bihar, sixty training institutions are hardly sufficient, and if, out of sixty training institutions, thirty five institutions do not have recognition from NCTE, it may have huge impact in so far as imparting education in the State of Bihar is concerned. There is some merit in the submission of the counsel for the petitioner that looking to the requirement under NCTE Act, 1993 and the Regulations, 2001 framed thereunder, the State Government must frame a plan to ensure adequate number of establishments for training teachers and also to ensure functioning of recognized teachers training institutions in a proper way. The plan may be short term as well as long term but that needs to be drawn within a reasonable time to achieve the objectives of the NGTE Act and the Regulations, 2001 framed thereunder so that the State of Bihar does not have dearth of qualified persons available for appointment as teachers from to Senior Secondary Schools. 5. We, accordingly, dispose of this writ petition by the following order: - (i) The State Government shall draw up a plan (short term as well as long term) in ensuring establishment of sufficient number of teachers training institutes in the State of Bihar for the purposes of imparting training to requisite number of candidates for being available for appointment as teachers for primary and secondary schools as prescribed in NCTE Act and the Regulations framed thereunder. (ii) With regard to thirty five teachers training institutions which are said to be not recognized by NCTE, we direct the State Government and the concerned authorities to make up the deficiencies as early as possible and not later than 28th February, 2009 to enable NCTE to recognize these institutions and that the regular sessions commence in these thirty five institutions which are presently not recognized by NCTE, by 1st of April, 2009. (iii) In so far as thirteen training institutes which are not functional during this academic session, we observe that as represented by Additional Advocate General -Ill, these institutes must be functional with effect from 1st April, 2009."