AZAD AHMAD RATHER Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in this petition have sought quashment of the advertisement notice issued under endorsement No. DIPK-17753 by the Deputy Commissioner, Kulgam (Member Secretary Zilla Lokh Shiksha Smiti Kulgam), inviting applications for the posts of Coordinators (Preraks) at Panchayat Lok Shiksha Kendras for District Kulgam, District Level Coordinators and Block Level Coordinators on honorarium basis, with a direction to the respondents to implement the Saakshar Bharat Mission in District Kulgam in uniformity with District Baramulla. The case of the petitioners is that they have worked as voluntary education teachers without any honorarium in Saakshar Bharat Total Literacy Campaign and have significantly contributed in arranging learning centres for imparting teaching on learners between the age group of 15 to 35 years in various Pahchayat Halqas. It is averred in the petition that the Zilla Lokh Shiksha Smiti Baramulla, while implementing the new Adult Literacy Scheme (SBM) have allowed all the voluntary teachers affiliated with erstwhile Total Literacy Campaign (TLC) to continue to work as Coordinators (Preraks) against monthly honorarium. It is further stated that, in terms of communication No. Edu/Plan/SE/366/2010-11 dated 29.10.2010, addressed by the Joint Director (P), Education Department to the Deputy Commissioner, Kulgam, list of all the Voluntary Teachers and Resource Persons/Master Trainers of District Kulgam, was submitted by the District Development Commissioner, Kulgam, to the Government vide communication dated 05.08.2011 for implementation of new Adult Literacy Scheme (SBM) in District Kulgama. It is also stated that the Zilla Lokh Shiksha Smiti formulated the criteria qua selection/engagement of Coordinators (Preraks) and the petitioner represented before respondent No. 5 for their engagement on honorarium basis for implementation of SBM, for having had worked as Voluntary Teachers in the erstwhile Total Literacy Campaign. The grievance of the petitioners is that respondent No. 6, instead of engaging them, issued the impugned advertisement notice on 05.02.2012 inviting applications for selection/engagement of Coordinators (Preraks) etc., ignoring the claims of the petitioners.

(2.) Respondents 1 and 2 in their counter affidavit have given an over view of the National Literacy Mission and various schemes formulated thereunder. Broadly speaking, it is stated that National Literacy Mission (NLM) was launched in May, 1988 with an objective of imparting functional literacy to adult illiterates in the 15 to 35 age group. The strategy adopted by the NLM for adult literacy is based on voluntary mass mobilization and mass participation in the scientific pursuit of teaching and learning. The NLM implemented various plan Schemes, including the Total Literacy Campaign to increase literacy rate etc., which are approved for particular plan period and that there is no commitment on the part of Government of India for perpetual continuance of any Central Plan Scheme. It is further stated that Total Literacy Campaign had an assumed duration of 12 to 18 months and in exceptionally difficult areas, the duration is suitably extended. Under the TLC, the teaching and learning classes were managed by Voluntary Teachers who were not provided any financial incentive under the Scheme. The TLC was followed by Post Literacy Programme (PLP) and the Continuing Education Programme (CEP). That volunteer based approach was the predominant strategy of NLM for Basic Literacy and Continuing Education. The Preraks/Assistant Preraks in the CECs and NCECs were essentially required to be volunteers with token of honorarium.

(3.) It is further stated in the counter affidavit that in the State of Jammu and Kashmir only Total Literacy Campaign was sanctioned for implementation in the District. However, due to non-completion of Total Literacy Campaign within the stipulated time frame, the Post Literacy Programme (PLP) and Continuing Education Programme (CEP) were not sanctioned to any. District of Jammu and Kashmir under the National Literacy Mission. However, a new Plan Scheme of Saakshar Bharat has been approved by the Central Government for implementation during XIth Plan period in the districts having low adult female literacy rate.