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2001 DIGILAW 974 (RAJ)

Mohan Lal v. The State of Rajasthan

2001-05-31

J.C.VERMA

body2001
JUDGMENT 1. - A Scheme was framed by the State of Rajasthan that one Rajiv Gandhi School shall be opened in such village, Dhani or Basti where there was no primary school having population of 200 or more than 200 people and where at least 40/25 children are available for education between the age group 6 to 11 years and where no education facility is available within the area of 1 Km. from the place of pathshala. A survey report was to be prepared in regard to the official and unofficial primary education institutions being run and place was to be determined in the Panchayat area where the Rajiv Gandhi Swam Jayanti Pathshala had to be opened. Gram Sabha shall approve the place by giving wide publicity in the concerned village. The member of Gram Sabha and Sarpanch or Upsarpanch, Panch, Head Master and one Woman teacher of the nearby school and the representative of the Panchayat Samiti were to help the villagers for conducting the Gram Sabha Meeting and if the Gram Sabha so approves, the resolution was to be passed by such Sabha and to be approved by the Panchayat Samiti. The appointment to Shiksha Sahyogi was to be recommended by the Gram Sabha itself. The applications were to be accepted in the Sabha and sent to the selection committee and ultimately approval was to be taken by the Ward Sabha for the post of Shiksha Sahyogi. It was mentioned in the scheme that the selected candidates would be from the same area and the minimum qualification of Shiksha Sahyogi was to be Sr. Secondary/Hr. Secondary in places which are in interior and difficult to reach, shall desert areas, ST areas the minimum qualification shall be Vlllth class. In the word which was reserved for SC/ST/OBC, the candidate selected would also be of the same reserved category. Such Shiksha Sahyogi so selected to be paid a stipend of Rs. 1200/- p.m. 2. Even otherwise the petitioner has not challenged the scheme as issued by the Government for appointment as Shiksha Sahyogi but is only challenging the appointment of the private respondent with the prayer that the petitioner ought to have been appointed in place of private respondent. 3. 1200/- p.m. 2. Even otherwise the petitioner has not challenged the scheme as issued by the Government for appointment as Shiksha Sahyogi but is only challenging the appointment of the private respondent with the prayer that the petitioner ought to have been appointed in place of private respondent. 3. In the case of Nema Ram Jakhar v. State of Rajasthan & Others S.B. Civil Writ Petition No. 3144/2000 decided on 7.12.2000 , it was observed as under : "It will be seen that the Government has laid down a policy to impart primary and higher primary education not only through Government Schools but also by establishing Rajiv Gandhi Swaran Jayanti Pathshalas through out the State. It shall be independent and ancillary programme for promotion of education in Rajasthan. The social background of education in Rajasthan for the past fifty years will have to be kept in mind before adjudicating upon the validity or otherwise of the Government policy aimed at imparting education in primary and higher primary schools in the State of Rajasthan. It is, also, held by this Court that whole scheme of Rajiv Gandhi Swam Jayanti Pathshala is an educational programme and is not employment under the State, as contemplated by Article 16 of the Constitution. Shiksha Sahyogi is not a Government employee in the sense that he is a teacher regularly employed in rural schools. From the scheme itself, it will be seen that a fixed stipend is paid to Shiksha Sahyogi and he/she is required to have certain educational competence. If in this background the specific stand taken by the State through the learned Advocate General is considered, it becomes evident that the Scheme does not suffer from any error." 4. The petitioner, is B.A., B.Ed. and was selected as Shiksha Sahyogi vide Annexure-3 dated 20.5.1999, but subsequently was substituted by respondent No. 5 Smt. Sita Devi vide order Annexure-5. The petitioner made representations against such an action but without any result and being aggrieved against the orders Annexure 4 and 5 the present writ petition has been filed for quashing the appointment of respondent No. 5 and to allow the petitioner to run Rajiv Gandhi Golden Jubliee School in Ahiron Ki Dhani. 5. Reply has been filed by the respondent Nos. 1 to 3. 5. Reply has been filed by the respondent Nos. 1 to 3. It is stated that in the panel of selection as per the list prepared for the post of Shiksha Sahyogi, the petitioner was at No. 1, Ashok Sharma was at Sr. No. 2 and Ram Kumar was at Sr. No. 3. However, a complaint was made by Sitadevi respondent No. 5 and on enquiries it was found that the petitioner was wrongly selected for the post of Shiksha Sahyogi as he did not belong to the Ward in which the school was proposed and that Sitadevi ought to have been selected as a. preferential candidate being a woman and, therefore, the appointment of the petitioner was cancelled and was offered to respondent No. 5 Sita Devi. 6. From the admitted facts, the fact remains that the petitioner who was initially selected vide Annexure-2 attached with the written statement has been superseeded on some enquiry having been made by the department on the complaint of respondent No. 5, but it is also not denied that the petitioner was not given an opportunity before cancellation, of his appointment and the action of the respondent does violate the principles of natural justice. 7. The writ petition is allowed and the impugned order in regard to appointment of respondent No. 5 is quashed, with the direction that the petitioner shall be allowed to continue to run the pathshala and in case by any reason what-so-ever the petitioner now declines or does not join within 15 days when so asked to join, in such situation the private respondent shall be allowed to continue so that the interest of the Pathshala may not suffer.Writ Petition allowed. *******