PRASANT ACHARYA Vs. STATE & ORS.

JUDGEMENT

(1.) This is a joint writ petition filed by 24 persons, claiming themselves to 1 unemployed, seeking direction to quash the appointment of Physical Para Teachers in certain Rajeev Gandhi Golden Jubilee Pathshalas. Before the learned Single Judge, a preliminary objection was raised on behalf of the respondents to the effect that petitioners are the persons, Who did appear in the interview and after having failed, they have challenged the appointments are as such, they are estopped by the doctrine of acquiescence to raise the issue in the matter of appointment of Para Teachers.

(2.) It appears from the order dated 20.2.2003 of the learned Single Judge that he upheld the preliminary objection. However, considering the to submission of the learned counsel for the petitioners that it was a Public Interest Litigation, he directed the matter to be placed before the Division Bench. This is how the matter has been placed before us.

(3.) The State Government by order dated 14.5.2001 issued direction to various authorities for opening Rajeev Gandhi Golden Jubilee Pathshalas and make appointment of Shiksha Sahayogi as per the procedure provided therein. Subsequently, the Director, Primary Education, issued an order dated 20Th April, 2002 for appointment of Para Teachers. Further directions were given under the communication dated 4.5.2002 that the Gram Panchayats are also entitled for appointment of Physical Para Teachers. It appears that in May, 2002. interviews were held and Physical Para Teachers were appointed to the Rajeev Gandhi Golden Jubilee Pathshalas. Petitioners have challenged the procedure for appointment of such teachers. It appears from the reply that the State Government introduced a scheme to eradicate the illiteracy in the name of Rajeev Gandhi Primary Education and Literacy Mission. For as carrying out the scheme, certain young persons were engaged on fixed stipend as Physical Para Teachers. Thus, there is no employment or appointment under the provisions of any rules. The persons engaged, are undertaking the social services and are being paid fixed stipend of Rs. 1200.00 5 p.m. Since Para Teachers have been engaged under the aforesaid scheme and they are being paid stipend of Rs. 1200.00 p.m., the very challenge by the petitioners is not sustainable. The writ petition deserves to be dismissed. However, it is made clear that in case, such Para Teachers are continued for a long and taken as substitute for appointment of teachers in a regular to grade, the entire scheme will be open to challenge. We expect that the State Government makes appointment in the regular cadre as early as possible.