ACET SWAROJGAR SANGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY this writ petition in the form of Public Interest Litigation, the petitioner has sought relief/declaration of the ParaTeachers' strike as illegal as it violates right to education and also violates Article 21 of the Constitution of India. Learned counsel for the petitioner submits that because of this strike, about 85000 Para Teachers have disturbed the environment of education in the State of Jharkhand, which also includes denial midday meals to the students. Learned counsel for the State submitted that the State has taken remedial measures and issued an order on 30th August, 2012. One I.A No.3085/2012 has been filed on behalf of some of ParaTeachers and it has been stated that ParaTeachers want to place their grievance before this Court. We have heard learned counsel for ParaTeachers also. Prima facie, we are of the considered opinion that this PIL is to safeguard the interest of the children of the Schools and therefore, it is the duty of the State Government to take all remedial measures to see that right to education of the student and other benefits, which are statutory rights of the children, may not be denied.

(2.) LEARNED counsel for the Intervenors submitted that Para Teachers were duly selected by following appropriate procedures prescribed by the appropriate authority and they are hopelessly paid. It is submitted that regularly appointed Teachers are getting salary of Rs.25,000/, whereas ParaTeachers are getting Rs.4000/ and odd per month. It is also submitted that ParaTeachers were fully assured by the State Government that they would be absorbed in the cadre of regular Teachers and on an earlier occasion ParaTeachers went on strike for only 18 days, the State Government gave assurance only but did not take any action so as to redress the grievance of Para Teachers. It is further submitted that ParaTeachers were compelled to go on strike and that the Rules were also framed by the State Government in the year 2007 itself, yet in the last five years no benefit has been given to ParaTeachers under those Rules because of the reason that the Rules have not been notified. Plea taken by ParaTeachers, who have moved this application, clearly indicates that they may have their own grievance for which it is not shown that they availed any legal remedy for getting relief without disturbing teaching process and in fact, we are of the considered opinion that this is nothing but putting hindrance on the right to education of the students who are poor ones and particularly in the State of Jharkhand where the literacy rate, in the entire country, is very less and further it is nothing but a number game because of the reason that large number of ParaTeachers have been given appointment and admittedly large number of Teacher have not been given appointment in the State of Jharkhand in regular process of selection on the post of Teachers, which is the requirement of not only law to maintain standard of education that duly qualified Teachers should be appointed and not by means of backdoor entries in the teaching line. Hon'ble Supreme Court in several cases had long ago laid down that there cannot be compromise with the standard of teaching. We need not to refer any judgments of Hon'ble Supreme Court as it is now a settled law and known in all the fields of education and particularly known to the State Government. Be that as it may, before passing any further order, this Court will wait for the decision of the State Government as to how the State Government protects the interest of the children because this petition, as we have observed, is a petition for the interest of the children and this petition cannot be converted into a petition for ParaTeachers, who did not approach the court of law. In view of the above reasons, the State Government is directed to give status report as to whether teaching in the School has been adversely affected and if so, what steps the State Government has taken, apart from the order dated 30th August, 2012, so that appropriate order can be passed by this Court. Presently, since Dosera Vacation is likely to come, we give this time to the State Government, instead of passing order today itself. Put up this case on 30th October, 2012, just after the Dosera break. By that time, the State Government can give Status report and Action report also.