HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 38
Case :- WRIT - A No. - 39674 of 2012
Petitioner :- Akhilesh Tripathi & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Siddharth Khare,Ashok Khare
Respondent Counsel :- C.S.C.,A.K. Yadav
Hon'ble Arun Tandon,J.
An affidavit has been filed by the Secretary, Basic Education Board U.P., Allahabad. Along with affidavit he has enclosed an order of the Central Government dated 10th September, 2012, whereby relaxation in respect of minimum qualification to be possessed by a teacher to be appointed in recognized institutions under the Right of Children to Free and Compulsory Education Act, 2009, which will includes the institutions run by the Basic Shiksha Parishad also, has been provided. Such relaxation has been directed to be applicable till 31st March, 2014.
With reference to Rule 15 of the U.P. Right of Children to Free and Compulsory Education Rules, 2011 it is contended that no further amendment in the U.P. Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as Rules, 1981) is required and State is now under legal obligation to ensure that requisite number of qualified teachers are appointed in the Parishadiya Vidyalayas so as to make the right of children to free and compulsory education meaningful. Apex Court has held that under the Right of Children to Free and Compulsory Education Act, 2009 it is but necessary that requisite number of qualified teachers are appointed in the institutions covered by the Act.
Since there are more than 72,000 existing vacancies in Parishadiya Vidyalayas throughout the State, it is necessary for the State to ensure that advertisements are published and qualified teachers are appointed. Every days delay in appointment of qualified teachers only adversely reflect upon the education in the institutions.
The issue, as to whether any amendment in Rules, 1981 is required after such relaxation or not, may be examined by the Secretary, Basic Shiksha, U.P. Government, Lucknow at the first instance, and, in case such amendment is necessary, appropriate notification may be issued without any further delay. In any case the State Government must come out with an appropriate advertisement inviting applications for appointment of qualified teachers in accordance with the Right of Children to Free and Compulsory Education Act and the Rules framed by the State of U.P. read with Rules, 1981 on or before 07th December, 2012.
Any advertisement so published shall not prejudice the right of the petitioners in the present petition.
List on 07th December, 2012.
Order Date :- 6.11.2012
