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2012 DIGILAW 1017 (JHR)

Sushil Kumar Tiwari v. State of Jharkhand

2012-07-19

APARESH KUMAR SINGH

body2012
ORDER 1. Heard learned counsel for the parties. 2. Perused the counter affidavit filed by the State in response to the order of this Court dated 16th April, 2012. 3. We are of the considered opinion that education system in the State of Jharkhand, if yet has not collapsed, then it is at the verge of collapse. For this, the following facts being relevant, as have been stated by the learned counsel for the State, are given:- At the time of creation of the State of Jharkhand. Total strength of the teachers are 5907 Working strength of the teachers are 3134 Total Vacancy are 2773 Total new posts created are 6567 Therefore, total sanctioned posts 12474 of teachers are Total Vacancies are 9340. 4. Therefore, the vacancies, which were in the year 2000 i.e., at the time of creation of the State of Jharkhand, remain as it is for 12 years maintaining the figures 2773. The State Government may say that it has increased strength of the teachers but in fact, it has increased the vacancy only because neither earlier vacancies were filled up, nor subsequent created posts have been filled up, resulting into vacancy of 9340 against the sanctioned strength of 12474 posts. Against 12474 posts, only 3134 teachers were appointed. 5. As per learned counsel for the petitioner, there are total 1745 Secondary Schools wherein sanctioned strength of the teachers is 6567. Against this 6567 teacher strength, vacant posts are 3873. According to learned counsel for the petitioner, each School is required to have one Physical Trained Teacher (not instructor). In that situation, there will be appointment of 1745 Physical Trained Teacher. Against this requirement of 1745 Physical Trained Teachers, there are only 89 Physical Trained Teachers working. 6. Learned counsel for the Jharkhand Academic Council (for short-JAC) vehemently submitted that JAC followed the direction issued by the State Government and may conduct the examination for selection of the teachers for appointment which the JAC is doing. It is submitted that Rules are framed by the State Government, also amended by the State Government, instructions are issued by the State Government and all those Rules, amendments and instructions of the State Government are binding upon the JAC. It is submitted that Rules are framed by the State Government, also amended by the State Government, instructions are issued by the State Government and all those Rules, amendments and instructions of the State Government are binding upon the JAC. It is submitted that some times the Rules were not properly framed and because of the untimely changes made by the State Government during process of the appointment of teachers, result declared by the J.P.S.C. and JAC were declared illegal. It is submitted by the learned counsel for the JAC that for example, lastly it has conducted examination for the Post Graduate Trained Teachers for “+2” Schools and Rules and recommendations were sent to the State Government in the month of February, 2012 but no decision has been taken by the State Government. 7. Learned counsel for the JAC submitted that in view of the direction of the State Government, JAC advertised the posts and fixed the date of examination but it has been postponed in view of the direction of the State Government. 8. The facts reveal that no serious application of mind is there or there may be several other reasons for which we do not want to comment at this stage and those reasons will be known to the public also but we are of the considered opinion that education system in the State of Jharkhand is at the verge of collapse. This situation is in the State where the literacy is the minimum in the entire country which is said to be about 54% against 94% literacy in the State of Kerala, State of Jharkhand is being cited as an example of a State having the lowest literacy rate. If this affair continues in this way and if there is total noncooperation between the Departments of the Government, the sufferer will be the poor public of the State of Jharkhand. Therefore, we are issuing this interim direction to the State Government to take a decision and place before this Court a complete time table by which all these vacancies will be filled-up. Therefore, we are issuing this interim direction to the State Government to take a decision and place before this Court a complete time table by which all these vacancies will be filled-up. We are making it clear that before preparing the time table or before publishing the advertisement for filling-up the posts, the State Government shall carefully examine all the laws, by-laws, Rules and Regulations and instructions issued by the State Government itself or by any authority having the right to issue instructions, to maintain the standard of the education and the eligibility criteria fixed by those Circulars, laws and by the pronouncement of the Judgments of the Hon'ble Supreme Court and this Court. We are observing this because of the reason that we have already noticed that in the process of selection of teachers normally no care is being taken for prescribing the requisite condition of even eligibility and after advertising the posts, several amendments were made for the purpose of appointment rendering the entire selection process illegal. Therefore, complete frame work be placed before this Court with respect to the recruitment of the teachers, may they be teachers for primary education, may they be teachers for secondary education, may they be Post Graduate Trained Teachers for +2 classes or may they be Physical Trained Teachers. The process may be worked out and a time-table with complete details be placed before this Court on or before 29th August, 2012. 9. List this matter on 29th August, 2012. 10. A copy of this order be given to learned counsel for the parties. Ordered accordingly.