JUDGMENT V.K. Sharma, Judge (Oral) The petitioner was appointed as Primary Assistant Teacher (in short ‘PAT’) in Government Primary School, Bag Chachrara, Tehsil Shillai, District Sirmaur, (H.P.) on contract basis, vide letter dated 23.9.2005, Annexure A-1, issued by respondent No.5. Consequently, she executed the requisite agreement dated 1.10.2006, Annexure A-2 and submitted joining report of even date, Annexure A-3. However, the appointment of the petitioner was cancelled vide letter dated 21.10.2005, Annexure A-10, addressed by respondent No.5 to respondent No.6, text whereof is as under:- “On the above subject, in pursuance of Office of Director, Primary Education, H.P. Government, Directorate of Primary Education, Himachal Pradesh, Shimla letter No. Shiksha-H(Pra.)(11)B(6)-1-2004-Part-484, dated 14th October, 2005 and as per the directions of the Deputy Director, Primary Education, Nahan, letter No. 23/2004 (Primary Education)6/09, dated 19.10.2005, the appointments of Sangeeta Devi, D/o Shri Kedaru Ram, Village Shrog, P.O. Kando Bhatnol, Tehsil Shillai in Govt. Primary School Daka and Binita Devi, D/o Shri Sunder Singh, Village Sharog, P.O. Kando Bhatnol, Tehsil Shillai in Govt. Primary School Bagh Chacharara are being cancelled and in their place as per the seniority list of selected candidates sent by the Sub-Divisional Officer (Civil) Paonta Sahib, the appointments of following candidates are hereby made:- Sr. No. Name & Address Name of School 1. Birbal Singh, S/o Shri Meena Govt. Primary School Ram, VPO Koti Utarau, Tehsil Daka, Centre School Shillai, H.P. Manal Kuffar, Education 2. Narinder Singh, S/o Shri Nanu Govt. Primary School Bagh Chacharara, Centre Ram, Gram Bandli, PO Kando Sri Kiari, Education Bhatnol, Tehsil Shillai, H.P. Block Shillai, H.P. Therefore, the Pradhan of concerned Gram Panchayat may issue the appointment letters and before 31.10.2005, the selected candidates be allowed to join in the concerned Schools and undersigned be informed of the action taken in this regard.” 2. Being aggrieved, the petitioner has filed the present petition for grant of the following substantive reliefs, vide para 7 (i) & (ii):- “i) That the impugned order issued vide letter No. 1/04-05-476, dated 21.10.2005 (Annexure A-10) issued by Respondent No. 5 and terminating/canceling the appointment of the applicant as Primary Assistant Teacher being wrong and arbitrary which is in also violation of the terms of agreement executed under the PAT Policy, 2003 may kindly be quashed and set aside. ii) That the applicant may be allowed to complete her normal tenure of appointment as Primary Assistant Teacher on contract basis in view of the terms of the agreement as mentioned at (i) above.” 3. The appointment as PAT is governed by a scheme known as ‘The Himachal Pradesh Prathmik Sahayak Adhyapak/Primary Assistant Teacher (PAT) Scheme, 2003 (in short ‘the Scheme’). 4. Minimum essential qualification and age for PAT as per clause 6 and 7 of the Scheme are as under:- “6. MINIMUM ESSENTIAL QUALIFICATION The minimum essential qualifications for the post of Prathmik Sahayak Adhyapak/Primary Assistant Teacher (PAT) shall be, “A pass in 10+2 examination” from a Board or a University duly recognized by the HP Govt. Candidates with higher academic qualification shall also be eligible to apply. The candidates with professional qualifications in the field of education will be preferred. 7. AGE The minimum and maximum age of appointment shall be as per Government Rules/Instructions applicable from time to time. The relaxation in the upper age limit in respect of categories of SCs/STs/ Physically Handicapped/OBCs etc. will also be given as per the State Govt. Instructions.” 5. There is no denying the fact that as per result sheet, Annexure R-1, respondent No.7 Shri Narender Singh, who figures at Sr. No. 62 had scored 67.9 marks as compared to the petitioner, who is at Sr. No. 111 and had scored 56.88 marks, was higher in merit. However, the petitioner was selected and appointed in terms of clause 6 of Annexure-I to the Scheme which reads as under:- 6. Eligibility The candidates with requisite educational qualifications for and age shall be eligible to apply. However, preference Applications will be given to the candidates belonging to the same Panchayat for which the vacancy has been notified, failing which candidates belonging to the adjoining Panchayats shall be considered and so on till suitable candidates becomes available. The candidates will have to apply for appointment as PRATHMIK SAHAYAK ADHYAPAK / PRIMARY ASSISTANT TEACHER (PAT) on plain paper, to the Block Primary Education Officer of the concerned Block, in which the primary school is located along with attested photo copies of certificates. The candidates are also required to paste one attested passport size photograph on the application from duly attested by a Gazetted Officer. 6. The candidates are also required to paste one attested passport size photograph on the application from duly attested by a Gazetted Officer. 6. There is also no dispute between the parties that the petitioner belongs to Gram Panchayat Sri Kiari, in which Government Primary School, Bag Chachrara is situate. Thus, the petitioner being a local candidate was given preference over and above private respondent No.7 in terms of clause 6 of Annexure-I to the Scheme, ‘Rationale’, ‘Objectives’ and ‘Assumptions’ whereof as per clauses 2, 3 and 4 are as under:- “2. RATIONALE:- The Indian constitution stipulates free and compulsory education for all children in the age group of 6-14 years. This enjoins upon the community the duty of sending their children to school and also upon State Government the responsibility of providing the adequate facilities for it. Proceeding in this direction, the State of Himachal Pradesh in order to promote universalisation of Primary Education and to achieve the target of 100% enrolment of children in the age group (6-11) years, has made tremendous progress in expanding the schooling facilities and improving the enrolment in Primary Schools. This has brought down the dropout rate significantly. Access to schooling has been substantially achieved by opening of Primary Schools within a walkable distance of 1 to 1.5 Km. At present there are 10634 Notified Primary Schools in the State, out of which 10593 are functional. The enrolment in primary schools has also increased manifolds from mere 8697 in 1948 to over 6.72 Lacs in 2002. Accordingly, the number of posts of teachers including JBT/IIT/CIIT have also increased from meagre 278 in 1948 to 31954 in 2001. Further, the Govt. of Himachal Pradesh has already made Primary Education compulsory by enacting H.P. COMPULSORY PRIMARY EDUCATION ACT, 1997 (ACT No.2 OF 1998). Besides above, Sarva Shiksha Abhiyan hence after called “SSA” has also been started in the State to improve the performance of the school system and provide community owned equality elementary education in the mission. It envisages bridging gender & social disparities at elementary level of education and therefore focuses on education of girls, scheduled castes, scheduled tribes and children conformed with the difficult circumstances. The specific objectives of “SSA” are:- - To enroll compulsorily all children in schools for elementary and primary education by providing schools/centres, alternate schools and back to back schools camps etc. by the year 2003. The specific objectives of “SSA” are:- - To enroll compulsorily all children in schools for elementary and primary education by providing schools/centres, alternate schools and back to back schools camps etc. by the year 2003. - To retain all children in the age group of 6-14 in formal schools or then alternatives by the year 2010. - To ensure that all the children in the age group of 6-11 complete five years of education by the year 2007 and all the children complete their elementary education by the year 2010. - To bridge gender and social disparities at the primary level by the year 2007 and at elementary level by the year 2010. Thus, to achieve the gigantic task of Universalisation of Elementary Education in vie of the tough geographical conditions of the state, the non-availability of trained teaching man power due to the financial constraints, the reluctance of trained teachers available to serve in the remote areas, teacher absenteeism and poor scholastic standards etc. In order to counter these problems effectively, the government proposes to fill the vacancies of JBT teachers through Para Teachers and are paid less than the regular JBT teacher and who will be the employees of the Gram Panchayats for all intents and purposes. Keeping these aspects in view, the HP PRATHMIK SAHAYAK ADHYAPAK/PRIMARY ASSISTANT TEACHER (PAT) SCHEME, 2003, has been visualized. This will cause significant saving in costs, which is important in the larger context of universalisation of Primary Education. This scheme aims at, vesting more powers upon Gram Panchayats, so that they are able to perform the following functions:- - Recruitment of Prathmik Sahayak Adhyapak/Primary Assistant Teacher (PAT) to teach Primary Classes, in the Primary schools, located in the jurisdiction of the Gram Panchayats. - To evaluate the performance of Prathmik Sahayak Adhyapak/Primary Assistant Teacher (PAT) to be appointed. - To deal with the service matters/conditions relating to Prathmik Sahayak Adhyapak/Primary Assistant Teacher (PAT) appointed under this scheme. - To co-ordinate with the department of Primary Education in the implementation of other policies of the Government, devised for the Universalisation of Primary Education. 3. OBJECTIVES. a) The SCHEME aims at total eradication of illiteracy as per the goals laid down in the National Policy on Education, 1986 and the Programme of Action 1992. b) To achieve the goals set out in the H.P. Compulsory Primary Education Act, 1997 (Act NO. 3. OBJECTIVES. a) The SCHEME aims at total eradication of illiteracy as per the goals laid down in the National Policy on Education, 1986 and the Programme of Action 1992. b) To achieve the goals set out in the H.P. Compulsory Primary Education Act, 1997 (Act NO. 2 of 1998) which has been enforced w.e.f. 1st April, 1998. c) To empower the Gram Panchayats further by decentralizing and involving Gram Panchayats in the effective running of primary schools. d) To achieve 100% enrolment of children in the age group of 6-11 years in Govt. Primary Schools in Himachal Pradesh. e) To improve the standard of education in primary schools in the State of Himachal Pradesh. f) To provide innovative ways to counter the problem of teacher absenteeism i.e. inability shown by teachers in taking up postings in primary schools located in the remote and difficult areas. g) To provide an opportunity for the educated unemployed youth of Himachal Pradesh to teach in Govt. Primary Schools of their villages and ear a decent honorarium as well. 4. ASSUMPTIONS. Being a contractual nature of appointment, the selection of Prathmik Sahayak Adhyapak/Primary Assistant Teacher (PAT), from the same or the nearby village within the Gram Panchayat area and the condition will be precedent for appointment as a requirement of belonging to the same Village/Community of the area, may motivate him, to work more efficiently. Moreover, it will help in curbing the problems of teacher absenteeism and the reluctance on the party of teachers of urban areas to work in remote/inaccessible areas of the state. The local appointment of teachers and his capability to converse with students/parents in the local language of the area, will certainly help in bringing down the drop out rate and achieve the professed target of universalisation of primary education. This is also likely to improve the standard of education in Govt. Primary Schools of Himachal Pradesh. In addition to this, local recruitment of Prathmik Sahayak Adhyapak/Primary Assistant Teacher (PAT) is likely to tackle the problem of unemployment, language and cultural gap between the teacher and the student and facilitate a workable solution to the problem of non availability of teachers in remote and inaccessible areas of the State.” 7. Primary Schools of Himachal Pradesh. In addition to this, local recruitment of Prathmik Sahayak Adhyapak/Primary Assistant Teacher (PAT) is likely to tackle the problem of unemployment, language and cultural gap between the teacher and the student and facilitate a workable solution to the problem of non availability of teachers in remote and inaccessible areas of the State.” 7. In view of the above, no fault can be found with the selection of the petitioner as PAT in preference to private respondent No.7 in terms of clause 6 of Annexure–I to the Scheme, as above. It being so, the impugned cancellation order dated 21.10.2005, Annexure A-10 insofar as the same relates to cancellation of the appointment of the petitioner and a direction to appoint private respondent No.7 in her place is concerned, the same cannot be sustained and is accordingly quashed with a direction to respondents No. 1 to 6/competent authority to permit the petitioner to work as Primary Assistant Teacher on contract basis in Government Primary School, Bag Chachrara, Tehsil Shillai, District Sirmaur, H.P., in terms of appointment letter dated 23.9.2005, Annexure A-1 and joining report dated 1.10.2005, Annexure A-3 and let her complete the normal tenure in accordance with the aforesaid Scheme. 8. The petition stands disposed of in the above terms.