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2012 DIGILAW 284 (PAT)

AKBAR ALI v. STATE OF BIHAR

2012-02-16

SAMARENDRA PRATAP SINGH

body2012
ORDER : Learned counsel for the petitioner is permitted to correct the nomenclature of respondent no.6 as the District Planning Officer (Establishment), Saran at Chapra in place of the District Education Officer, Saran at Chapra, in view of recent change of nomenclature by the State Government. 2. Heard learned counsel for the petitioner as well as learned counsel appearing for the State. 3. The petitioner, being Up-Mukhia of Gram Panchayat Raj, Salimapur, Block Marhaura, District Saran at Chapra prays for quashing the list of notified vacancies of Panchayat Teachers of Gram Panchayat Raj, Salimapur against which appointment is to be made in the second phase of appointment of Panchayat Teachers under the said Panchayat on the ground that the same is contrary to the Government circular which provides the ratio of teacher and students as 1:40 for Elementary schools. 4. The petitioner submits that in view of incorporation of Article 21-A (Right to Education) to the Constitution of India, the State has to provide free and compulsory education to all children of the age group of six to fourteen years in such manner as the State may, by law, determine. Furthermore, the State has not only to strive but has to see that the children up to this age group got Elementary education in view of the amendment in Article 21 of the Constitution of India. He further submits that prior to coming into force, the Bihar Panchayat Elementary Teachers (Appointment & Service Condition) Rules, 2006 (in short the Rules, 2006), appointment to the post of teachers in the Elementary schools were being made on the basis of recommendation of the Bihar Public Service Commission on the basis of written test for which Rules were framed by the State Government time to time. 5. Learned counsel submits that in the year 2006, the Government decided to appoint teachers on fixed salary and before that the provisions were made for appointment of Panchayat Shiksha Mitra on a fixed honorarium of Rs. 1,500/- per month. The petitioner states that in ORDER :to provide free and compulsory education to all children of the age of six to fourteen years, the State Government has issued a circular for appointment of teachers in the Elementary schools in ratio of teacher and students as 1:40. 1,500/- per month. The petitioner states that in ORDER :to provide free and compulsory education to all children of the age of six to fourteen years, the State Government has issued a circular for appointment of teachers in the Elementary schools in ratio of teacher and students as 1:40. The petitioner has referred to Annexures 3, 4 and 5, showing figures of Panchayat teachers to be appointed in different Gram Panchayats. The petitioner submits that as per the chart Salimapur Gram Panchayat would require 21 Panchayat teachers, excluding those who have already been appointed and working in these schools, for the second phase of appointment. Learned counsel submits that as per aforesaid ratio, if a number of teachers already working are excluded, still they would require 21 teachers as against required number of teachers, though the impugned list shows requirement of only 7 teachers. Thus learned counsel submits that the list in question does not show the required vacancy of teachers to be filed up in the 2nd Phase of appointment of Panchayat teachers. 6. In the facts and circumstances of the case, this Court observes that respondent no.6 would take steps for preparing a fresh list of number of teachers required, for the Salimapur Gram panchayat within a period of three months. 7. With the aforesaid directions, this writ petition is disposed of.