It is a pure coincidence that I write this post on Teachers Day.Those of you who have not yet read the judgement of Hon'ble High Court ,Allahabad ,delivered on 18th August , 2015 ,should read it .For reference , this judgement was delivered by Hon'ble Justice Sudhir Agarwal in ten writ petitions, with lead case of Writ -A No-57476 of 2013 ,Shiv Kumar Pathak and 11 Others versus State of U.P. and 3 Others.The Judgement was reserved on 25.05.2015 and was delivered on 18.08.2015. If you don't have time to read the 35 pages long judgement , you may read only the last 5 pages , starting from para 79.
PARA 90 :
"Therefore ,the Chief Secretary, U.P. Government is directed to take appropriate action in the matter in consultation with other Officials , responsible in this regard, to ensure that the children /wards of Government servants,semi-Government servants , local bodies , representatives of people, judiciary and all such persons who receive any perk, benefit or salary etc. from state exchequer or public fund , send their child/children/wards who are in age of receiving primary education , to Primary Schools run by Board.He shall also ensure to make penal provisions for those who violate this condition, for example , if a child is sent to a Primary School not maintained by Board , the amount of fee etc. paid in such privately managed Primary School , an equal amount shall be deposited in the Government funds, every month, so long as such education in other kind of Primary School is continued.This amount collected can be utilised for betterment of schools of Board.Besides such person ,if in service , should also be made to suffer other benefits like increment,promotional avenues for certain period, as the case may be.This is only illustrative .The appropriate provisions can be made by Government so as to ensure that ward(s)/child /children of persons , as detailed above , are compelled necessarily to receive primary education in the Primary Schools run by the Board."
On the face of it , it is an unusual order.Moreover, the writ petitions were about recruitment to the posts of Assistant teachers in basic schools , not only on the basis of academic qualification , but also giving weightage to the scores obtained by candidates in Teachers Eligibility Test (TET).While giving judgement on the issues prayed for in the writ petitions , the Court thought it fit to make a few additional observations and orders:" However, before parting , this Court finds something necessary to be said with respect to primary education in the State and shabby manner it is being dealt with by the Department and Officers responsible therefor which has resulted in multiple litigation also."
The Court observed that in November 2013,2.70 lacs posts of Assistant Teachers in Primary Schools run by Board were lying vacant .This was due to huge litigation , which was due to "unmindful,irregular and casual approach of officials responsible for managing such recruitment , lack of accountability as well as sincerity.Unmindful and casual legislation by way of frequent amendment of Rules has worsened the situation .
The Court has categorised the Primary Schools in three categories.These are Elite Schools, Semi-Elite Schools and Common-men's Schools .It is the third category of schools which are run and managed by the Board(Basic Shiksha Parishad).Numbering about 1.25 lacs,these schools lack infrastructure , drinking water ,toilets ,and even class rooms.At many places , buildings are in dilapidated conditions.Court has observed that "there is no real involvement of administration with these schools.. . . The public administration therefore has no actual indulgence to see functioning and requirements of these schools.These schools have become a mode of earning political mileage instead of real catering to its need. 'These schools are victim of highest level of misappropriation, maladministration and widespread corruption."
" A competition is going on for political reasons to make lacs of vacancies available in Primary Schools as a source to create committed voters by appointing persons,if not illiterate, but not really competent to teach children in Primary School.....A persistent effort is going on now to absorb these persons (Shisha Mitras, Anganbari Karyakartris) as Teachers in Primary Schools run by the Board.,if necessary , even by frequent amendments in Rules , without caring but compromising with standard."
"It is lack of accountability and casual approach on the part of officials of Basic Education Department that mindless , negligent , casual amendments in Rules , defective Government Orders have been issued from time to time creating cause for multifarious litigations resulting not only delay in appointment of Primary Teachers but also a very heavy pressure on this Court also."
Let us try to summarise:
1.The condition of Primary Schools of Board is bad(Shabby) due to a large number of vacancies of teachers as well as due to poor infrastructure.
2.An effort is being made "for political reasons " to recruit non-qualified persons as teachers , by frequent amendment in Rules.The legislation in this regard is unmindful and casual.
3..There is no involvement and seriousness of the administration with these schools.
4.There is a lack of accountability on the part of the officials of the Basic Education Department.They are casual ,mindless and negligent in amendment of rules and in issuing defective Government Orders.
I had the chance to work as Principal Secretary of Basic Education of U.P. in 2008 for 90 days , and I cannot agree more with the above summary of the Court's observations .But the remedy suggested in para 90 of the judgement quoted above , is not really a solution to the four very serious points listed in the above summary. Most of the people , Ministers , Legislators , Bureaucrats influential in decision - making are well past the age and stage when their children go to Primary Schools.So, the remedy suggested is not likely to be effective.
The real remedy lies in accountable and responsible governance in U.P., strict control on corruption , rising above the political interests in appointments of teachers and other officials and ensuring that appointments are made impartially and strictly on merit.This in turn requires revamp and cleansing of Recruitment Boards. I know , in Uttar Pradesh , this is just a wish list , but I was encouraged to put across this list , thanks to Hon'ble High Court of Allahabad.I hope ,this Judgement will generate a healthy debate and meaningful decisions .
The Court has categorised the Primary Schools in three categories.These are Elite Schools, Semi-Elite Schools and Common-men's Schools .It is the third category of schools which are run and managed by the Board(Basic Shiksha Parishad).Numbering about 1.25 lacs,these schools lack infrastructure , drinking water ,toilets ,and even class rooms.At many places , buildings are in dilapidated conditions.Court has observed that "there is no real involvement of administration with these schools.. . . The public administration therefore has no actual indulgence to see functioning and requirements of these schools.These schools have become a mode of earning political mileage instead of real catering to its need. 'These schools are victim of highest level of misappropriation, maladministration and widespread corruption."
" A competition is going on for political reasons to make lacs of vacancies available in Primary Schools as a source to create committed voters by appointing persons,if not illiterate, but not really competent to teach children in Primary School.....A persistent effort is going on now to absorb these persons (Shisha Mitras, Anganbari Karyakartris) as Teachers in Primary Schools run by the Board.,if necessary , even by frequent amendments in Rules , without caring but compromising with standard."
"It is lack of accountability and casual approach on the part of officials of Basic Education Department that mindless , negligent , casual amendments in Rules , defective Government Orders have been issued from time to time creating cause for multifarious litigations resulting not only delay in appointment of Primary Teachers but also a very heavy pressure on this Court also."
Let us try to summarise:
1.The condition of Primary Schools of Board is bad(Shabby) due to a large number of vacancies of teachers as well as due to poor infrastructure.
2.An effort is being made "for political reasons " to recruit non-qualified persons as teachers , by frequent amendment in Rules.The legislation in this regard is unmindful and casual.
3..There is no involvement and seriousness of the administration with these schools.
4.There is a lack of accountability on the part of the officials of the Basic Education Department.They are casual ,mindless and negligent in amendment of rules and in issuing defective Government Orders.
I had the chance to work as Principal Secretary of Basic Education of U.P. in 2008 for 90 days , and I cannot agree more with the above summary of the Court's observations .But the remedy suggested in para 90 of the judgement quoted above , is not really a solution to the four very serious points listed in the above summary. Most of the people , Ministers , Legislators , Bureaucrats influential in decision - making are well past the age and stage when their children go to Primary Schools.So, the remedy suggested is not likely to be effective.
The real remedy lies in accountable and responsible governance in U.P., strict control on corruption , rising above the political interests in appointments of teachers and other officials and ensuring that appointments are made impartially and strictly on merit.This in turn requires revamp and cleansing of Recruitment Boards. I know , in Uttar Pradesh , this is just a wish list , but I was encouraged to put across this list , thanks to Hon'ble High Court of Allahabad.I hope ,this Judgement will generate a healthy debate and meaningful decisions .
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