Zebunissha v. Project Director, Lok Jumbish Parishad
2005-11-24
R.P.VYAS
body2005
DigiLaw.ai
Judgment Rajesh Balia, J.-This appeal is directed against the order of the learned Single Judge dated 21.05.1998 by which the writ petition filed by the appellant has been dismissed as not maintainable, because respondent Lok Jumbish Parishad cannot be said to be State within the meaning of Article 12 of the Constitution of India, for this purpose learned Single Judge relied on decision of S.B.C. Writ Petition No. 4762/1989 decided on 05.05.1993. However, nothing has been stated about the status and constitution of Lok Jumbish Parishad to draw a parallel case of the characteristics of the Parishad. Undoubtedly the Lok Jumbish Parishad as such has been registered under the Rajasthan Societies Registration Act, 1958 and is a registered society. Merely being registered society it cannot be taken out of the purview of Article 12 of the Constitution of India without examining basic characteristics of the society, functions, and objects for which it has been framed and the functions discharged by the society. The fact that what is the sources of funding activities is also to be considered. The enumerated considerations are not exhaustive nor a single test is conclusive to determine the status of the society, a registered body whether it is State within the meaning of Article 12 of the Constitution of India. It is totality of the circumstances and characteristics which determines the status in each case and that has to be examined in the context in which question has been raised. It is also envisaged that the society or body may be constituted state in some of the activities and for others it may not be. 2. Be that as it may, for the present purpose it will be relevant to notice the memorandum of association which gives a peep in the basic character of the society and the purpose of its existence. Para No. 3 states the object with which it is constituted. It states that Lok Jumbish Parishad is association for Advancement of Basic Education for all in Rajasthan shall act as an autonomous and independent body for implementation of Lok Jumbish Parishad as outlined in the project document published by Government of Rajasthan and Government of India in December 1990 and its revised versions that may be prepared on the basis of joint review form time to time.
The activities of Lok Jumbish will, initially, be concentrated in selected panchayat samities but may be extended to the whole State of Rajasthan in respect of selected and sponsored projects. The Parishad has been established to function as a social mission for brining about a fundamental change in the basic education system, and through it in the overall socio-cultural situation. 3. Therefore, firstly it is manifest that object of Present Parishad is primarily to implement the project laid out by the State Government and Union of India. Its modification and variation is also depend on joint review by the State Government and Central Government. Therefore, object of the Parishad is to implement the project framed by the State Government and Central Government. It is also not in dispute that it is funded by the Government. Whether the two Governments funds it from its own resources and receiving from other agency is not relevant but the Parishad is funded by the State is not in serious dispute. 4. The constitution of governing body of the Parishad reveals that it is exclusively made by the ex officio members holding position in Government, few persons nominated by the State Government or Union Government. No out-side agency or agencies are involved in the governing body of the Parishad. As per constitution of governing body mentioned in Para 4 of the Memorandum and Association and Rules is enumeration of who and who in Government. In this respect Para 4 is relevant which states that the Parishad shall have a governing body consisting of the following members: .(i) Chief Minister of Rajasthan President Ex officio .(ii) Minister incharge of Primary Education in the State of Rajasthan Vice President Ex-officio (iii) Minister in charge of Rural Development and Panchayat Raj in the State of Rajasthan Member .(iv) Chief Secretary, Government of Rajasthan Member .(v) Chairman of the Executive Committee Member .(vi) Development Commissioner Government of Rajasthan Member (vii) Secretary, Department of Education, Government of Rajasthan Member (viii) Commissioner and Special Secretary, Department of Planning Government of Rajasthan Member .(ix) Secretary and Commissioner, Department of Finance, Government of Rajasthan Member .(x) Upto three heads of relevant State level institutions; engaged in technical resources development, to be nominated by the State Government Member .(xi) Representatives of teachers, to be nominated by the State Government.
Five persons to be drawn from the primary schools, NFE centres and Adult Education centres, out of which at least 2 would be women and one will be head of a Primary School. They should be known for their initiative and contribution in their respective fields. Members (xii) Two persons from amongst eminent educationists: writers, artists, poets, and professors of specialization to be nominated by the State Government. Members (xiii) Other Ex-officio representatives of Government of Rajasthan (a) Five liends of Department whose functions relate to basic education. (b) Three Block Project Co-ordinators by rotation with two persons retiring every year on the basis of seniority. Members (xiv) Representatives of the Central Government. (a) Three representative of the Central Government to be nominated by the ministry of Human Resource Development (Department of Education) Government of India. (b) Director, National Council of training, New Delhi. (c) Director, National Institute of Education Planning and Administration, New Delhi. (d) Director, National Institute of Adult Education, New Delhi. (xv) Other nominees of the Central Government. (a) Two persons having keen interest in basic education programmes, of which atleast one would be a woman. (b) Two heads/representatives of the institutions engaged in evaluation and monitoring of the educational programmes. (xvi) Two persons each from amongst those who have distinguished themselves in the area of education for Scheduled Castes, Scheduled Tribes and Physically Handicapped, one person in each category to be nominated by the Central and the State Governments. Members (xvii) Five persons drawn from non-governmental agencies engaged in educational activities in the State, three persons to be nominated by the State Government and two persons to be nominated by the Central Government of which at least one would be a woman. Members (xviii) Four women who have distinguished themselves in the areas of primary education non-formal education and adult education, two each to be nominated by the State Government and Central Government. Members (xix) All members of the Executive Committee not included above. Members (xx) State Project Director. Member Secretary. 5. From the reading of the aforesaid constitution of the Parishad, makes it further clear that it is to be manned ex-officio by the persons holding office in the Government in their official capacity, they become member by virtue of their office. Other representatives of different fields are also those nominated by the State Government or Central Government.
Member Secretary. 5. From the reading of the aforesaid constitution of the Parishad, makes it further clear that it is to be manned ex-officio by the persons holding office in the Government in their official capacity, they become member by virtue of their office. Other representatives of different fields are also those nominated by the State Government or Central Government. In these circumstances it is not difficult to visualise that the governing body of Parishad is entirely constituted by State Government and Union Government through its officers. There is no doubt that present Parishad is functioning entirely on the Government directives. 6. In short the Parishad is child of joint direction of Government of Rajasthan and Central Government. Its object is to implement project and programmes conceived by State Government and Central Government, whose variation and modification in also in the hands of Government. There is apparent public element in its existence and activities, the funding and total control in the hands of State Executive and person nominated by it makes it a State in all its manifestation. It has no independent activity, project or control over its activities de hors the Government. 7. In these circumstances, we are of the opinion that the object of the Parishad being to implement the Government project and governing body being manned by ex-officio members including Chief Minister of the State and funded by the State Government, it is clearly a limb of the State and Union of India. 8. The view of the learned Single Judge that Lok Jumbish Parishad is not a State within the meaning of Article 12, is erroneous and cannot be sustained. Looking from any angle it leaves no room of doubt that it is fully clothed with the characteristic of the State within the meaning of Article 12 of the Constitution of India in respect of its activities. 9. The appeal is allowed. Order of the learned Single Judge is set aside. Petition shall now be listed for hearing before appropriate Bench for further proceedings.