Judgment 1. These matters have taken the attention of the Court for virtually the entire pre-lunch session. The Court has given its consideration to hear counsel for all parties. Clearly, no one can deny that the matter is one of public planning and a public issue. Not just recruitment of teachers is at stake, these matters concern the future of children, eradication of illiteracy and preventing a continuing damaging situation, which the State of Bihar faces of a generation which has grown up as illiterates. This is not the Courts certificate but now the Government of India certifies that since 1991 time has stood still. Any development plan for primary education which was to be executed remains unexecuted. Children for the last more than a decade have grown up without provision for education, Bihar has manufactured a generation of illiterates. Absence of any planning is now a matter of record. 2. The Court virtually stopped all work for these cases because the matter concerns the welfare of children, Children who do not go to school. In their interest the Court sat until late in the evening on Friday last, yesterday and today virtually the whole half session. The interest of children being denied basic education is paramount. They must see education. The bad situation is that there is no plan. If there had been, the Government of India would not have certified that since 1991 primary education has come to a grinding halt in Bihar. If the demographic statistical analysis, were to be seen, it will give a clear-cut picture on how many children are running wild in the rural areas without education, especially the children of those parents who cannot afford private schools. This failure of plans in primary education is the story of poor children. They are the ones who run around the country side and bastis in urban areas looking for schools which will receive them, when there are none to take them in. But, now everybody in the State Government appears to have woken up and would like to execute plans to give effect to primary education, to execute plans not executed for the last decade all in a few months, as though popping a pill. 3. The biggest stumbling block which the State of Bihar is facing, scandalous as it may seem, is that there are no teachers. 3. The biggest stumbling block which the State of Bihar is facing, scandalous as it may seem, is that there are no teachers. No other State of the nation rushes an advertisement to invite applications from teachers as if there is a jamboorie, a call for teachers from the last decade or more to compete for jobs. The statement before the Court made on behalf of the Government is that already between 19 to 20 lacs applications have been received. The recruitment, when made, might entail on a rough estimate taken by the Advocate General on instructions, is about 70,000 (Seventy thousand) teachers of Sarva Shiksha Abhiyan. In addition, are about 35,000 (thirty five thousand) in another scheme for primary schools known as Shikshamitra, not the subject-matter of these cases. In effect, approximately over one lac teachers are going to be recruited and this situation has happened because nothing was done in the last 13 years. This perhaps partly explains the situation that 9007.87 lakhs of public funds as public grants went into oblivion and have lapsed. No one has a clear-cut answer on how such a large scale recruitment of primary school teachers will be undertaken to cover up the default of more than a decade or two. Recruiting 70,000 to 1,00,000 primary school teachers may perhaps be the biggest default recruitment programme in the world. The situation would not have arisen if there had been a year by year recruitment merely replacing the teachers who retire. 4. These are hard realities whether the Government likes it or not. At present, the Court is not going into the aspect of why the plan failed and who failed it. This criticism is not going to help the State in executing a plan, which must be done if the interest of children is paramount. At present, there is total collapse of the teaching component of furthering primary education. The other extended scandalous situation is there are roofless school and others which exist only on paper. The Government does not like a free press telling these uncomfortable facts. And, yet more scandalous again is that teachers training establishments have become extinct. 5. Thus, the situation is this; a generation of continuing illiterates; no teachers; damaged or only-on-paper schools, no teachers with training. The Government does not like a free press telling these uncomfortable facts. And, yet more scandalous again is that teachers training establishments have become extinct. 5. Thus, the situation is this; a generation of continuing illiterates; no teachers; damaged or only-on-paper schools, no teachers with training. And, all of a sudden the State Government, has woken up as if it will do all of this in a day. If a clear-cut picture and a blue print is not chalked out which is in keeping with State law, the Central law or the Constitution of India, a solution will not be forthcoming. 6. The Court does not have any pleading before it either, which it could consider and help the State Government in finding a solution. This is not a case which will be decided as a victory for the petitioners or their defeat, or victory for the State respondents or their defeat. Little children of poor people are the actual losers in this matter. 7. The counter-affidavits have not been filed to the petitions when the issue is so important to the State Government. No State respondent has denied the situation that the circumstances have been changing day to day while this Court has been in session for these matters. When the advertisement to make mass recruitment was published the writ petitions were filed. During the pendency of these cases, the State Government was seeking clarifications or concessions or exemptions from the Central Government. This in itself is an acknowledgment that something has gone wrong and drastically wrong. The exercise now is on damage control. Who will take the responsibility of the past generations of children, youths and teenagers today who are illiterates? A horde of children now suffer the label of being illiterates. This is where the principle of inter generation equity comes in, for it was the responsibility of the last generation to pass on a state of affairs, to take the responsibility for the next generation. The principle of inter generation equity is an established principle on obligations of a society and in fact it has been recognized by the Supreme Court in the duty of the State and those who run it when abdicating socio-economic plans. Children are part of a social environment. Manufacturing an army of illiterates is also creating an environment which is horrible. Children are part of a social environment. Manufacturing an army of illiterates is also creating an environment which is horrible. It is hell for those who have been made so for no fault of theirs. It is degradation of the basic rights of man and child. 8. At the Bar there seems to be in coordination amongst the respondents. The Court does not get the impression that the respondents have sat down at a common table to solve the problem of how this matter of teaching little children and locating them will be resolved. But the State Government now faces the blast of retrospective damage from the last 13 years, because the Government of India wants to implement an illiteracy eradication programme after becoming a signatory to the Dakar protocol labeled as the Education for All. This was the Dakar framework of action laid down by the World Education Forum at a meeting in Dakar, Senegal. The Government of India is a party to this protocol frame. Thus, the Sarva Shiksha Abhiyan for elementary education. The teachers will come provided there is a plan under the framework of the law. But what about the children in the last 13 years who were not given education ? Who will bear this sin and take the responsibility ? The respondents do not have to give an answer to the Court but to this generation of illiterates. 9. A counter-affidavit, whatever it is worth, was filed by the State Government sworn by the Secretary, Primary Education. This was affirmed on 8th January, 2004. The circumstances changed after 8th January, 2004 and this counter-affidavit was rendered useless because the State Government started receiving clarifications and instructions from the Government of India on what it could not do and what it has forgotten and what it must take note of. As during the pendency of the case the Government of India sent instruction after instruction, a short counter-affidavit was filed on 28.1.2004. Whatever the Advocate General has stated about remedial measures is conspicuous by its absence in the supplementary counter-affidavit. The Secretary says certain aspects of the petitions "needs no specific reply at this stage.". Then at which stage will the state Government give its answer? Then comes a counter-affidavit of an organisation known as Bihar Staff Selection Commission. Whatever the Advocate General has stated about remedial measures is conspicuous by its absence in the supplementary counter-affidavit. The Secretary says certain aspects of the petitions "needs no specific reply at this stage.". Then at which stage will the state Government give its answer? Then comes a counter-affidavit of an organisation known as Bihar Staff Selection Commission. This party seems to be more interested in selling forms in the larger interest of the candidates, as well as the Commission. What about the children? What about those illiterates who must be running into crores? The Secretary and the Chairman of this body says that he craves leave of this Hon ble Court to give a detailed parawise reply to the writ application as and when required. Who stops them? Why did they not file a detailed counter-affidavit when the matter was so important? This is the state of affairs and the state of the record. 10. The case began in challenging the Governments making the recruitment of untrained teachers. This in itself requires a lot of answers and explanations as to why the Government of Bihar must recruit untrained teachers. The record now has been left as stating that the Government of Bihar has to take care of elementary education but does not have the teachers to execute the plan for primary education. This is acknowledged. The State Government forgot that there are trained teachers available who are qualified and certified as trained, The State Government ignored that there are trained teachers who are qualified but are awaiting certification consequent upon a basic training course. The certification cannot be granted because adequate number of teachers training institutions are not available. 11. As the case has remained pending, three categories have emerged and the problem which is being faced by the State Government is how to recruit qualified trained certified teachers, teachers who are trained and qualified but awaiting certification and in the face of all this untrained teachers will be recruited. These circumstances have emerged on the clarification which the Government of India was sending to the Government of Bihar. The Court is only watching the situation as it has developed. The Government of India has put many stipulations and qualifications, in front of the State Government, which does not appear to be ready with a clear cut tailored plan, but accepts that it is being worked upon. 12. The Court is only watching the situation as it has developed. The Government of India has put many stipulations and qualifications, in front of the State Government, which does not appear to be ready with a clear cut tailored plan, but accepts that it is being worked upon. 12. Yet another argument has been made on behalf of the petitioner that the exemption from qualification or the dispensation which the Government of India may grant was meant for an individual situation and not to take care of inaction of the last 13 years as a cover up. It is contended on behalf of the petitioner that the law was not tailored for such a situation. Over all what may be the solution in taking everything into account and in keeping with the law and making the best out of a shabby and a bad situation, no one has a clear answer. 13. As these proceedings drew to a close at the rising of the Court, the Advocate General made a request to the Court for permission to file a counter affidavit. The Court grants permission so sought by the Advocate General. 14. In so far as the Central Government and/or the National Council for Teachers Education are concerned, they have filed the communications which have been sent to the State Government from time to time but they have not filed any counter-affidavit nor have they expressed any desire to do so. In so far as this set of respondents is concerned, the Court leaves it on them. 15. At the request of the Advocate General joined by counsel for the respondents to which the petitioner have no objection, list these matters on 4th February, 2004 under the same heading. 16. Mr. Rajeev Kumar Singh desires that the be permitted to convert the interlocutory application filed in CWJC No. 6661 of 2003 into a Public Interest Litigation writ petition. He may. List as indicated.