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2013 DIGILAW 683 (JK)

Azad Ahmad Rather v. Union Of India

2013-11-25

ALI MOHAMMAD MAGREY

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1. The petitioners in this petition have sought quashment of the advertisement notice issued under endorsement no. DIPK-17753 by the Deputy Commissioner, Kulgam (Member Secretary Zilla Lokh Shiksha Smiti Kulgam), inviting applications for the posts of Coordinators (Preraks) at Panchayat Lok Shiksha Kendras for District Kulgam, District Level Coordinators and Block Level Coordinators on honorarium basis, with a direction to the respondents to implement the Saakshar Bharat Mission in District Kulgam in uniformity with District Baramulla. 2. The case of the petitioners is that they have worked as voluntary education teachers without any honorarium in Saakshar Bharat Total Literacy Campaign and have significantly contributed in arranging learning centres for imparting teaching on learners between the age group of 15 to 35 years in various Panchayat Halqas. It is averred in the petition that the Zilla Lokh Shiksha Smiti Baramulla, while implementing the new Adult Literacy Scheme (SBM) have allowed all the voluntary teachers affiliated with erstwhile Total Literacy Campaign (TLC) to continue to work as Coordinators (Preraks) against monthly honorarium. It is further stated that, in terms of communication no. Edu/Plan/SE/366/2010-11 dated 29.10.2010, addressed by the Joint Director (P), Education Department to the Deputy Commissioner, Kulgam, list of all the Voluntary Teachers and Resource Persons / Master Trainers of District Kulgam, was submitted by the District Development Commissioner, Kulgam, to the Government vide communication dated 05.08.2011 for implementation of new Adult Literacy Scheme (SBM) in District Kulgama. It is also stated that the Zilla Lokh Shiksha Smiti formulated the criteria qua selection / engagement of Coordinators (Preraks) and the petitioner represented before respondent no. 5 for their engagement on honorarium basis for implementation of SBM, for having had worked as Voluntary Teachers in the erstwhile Total Literacy Campaign. The grievance of the petitioners is that respondent no. 6, instead of engaging them, issued the impugned advertisement notice on 05.02.2012 inviting applications for selection / engagement of Coordinators (Preraks) etc., ignoring the claims of the petitioners. 3. Respondents 1 and 2 in their counter affidavit have given an over view of the National Literacy Mission and various schemes formulated thereunder. Broadly speaking, it is stated that National Literacy Mission (NLM) was launched in May, 1988 with an objective of imparting functional literacy to adult illiterates in the 15 to 35 age group. 3. Respondents 1 and 2 in their counter affidavit have given an over view of the National Literacy Mission and various schemes formulated thereunder. Broadly speaking, it is stated that National Literacy Mission (NLM) was launched in May, 1988 with an objective of imparting functional literacy to adult illiterates in the 15 to 35 age group. The strategy adopted by the NLM for adult literacy is based on voluntary mass mobilization and mass participation in the scientific pursuit of teaching and learning. The NLM implemented various plan Schemes, including the Total Literacy Campaign to increase literacy rate etc., which are approved for particular plan period and that there is no commitment on the part of Government of India for perpetual continuance of any Central Plan Scheme. It is further stated that Total Literacy Campaign had an assumed duration of 12 to 18 months and in exceptionally difficult areas, the duration is suitably extended. Under the TLC, the teaching and learning classes were managed by Voluntary Teachers who were not provided any financial incentive under the Scheme. The TLC was followed by Post Literacy Programme (PLP) and the Continuing Education Programme (CEP). That volunteer based approach was the predominant strategy of NLM for Basic Literacy and Continuing Education. The Preraks/Assistant Preraks in the CECs and NCECs were essentially required to be volunteers with token of honorarium. 4. It is further stated in the counter affidavit that in the Slate of Jammu and Kashmir only Total Literacy Campaign was sanctioned for implementation in the District. However, due to non-completion of Total Literacy Campaign within the stipulated time frame, the Post Literacy Programme (PLP) and Continuing Education Programme (CEP) were not sanctioned to any District of Jammu and Kashmir under the National Literacy Mission. However, a new Plan Scheme of Saakshar Bharat has been approved by the Central Government for implementation during Xlth Plan period in the districts having low adult female literacy rate. 5. In the para-wise reply, it is averred that since no relief is sought against the answering respondents, the writ petition is liable to be dismissed as against them. It is also stated that the petitioners were neither selected for assigned any responsibility by the answering respondents; as such, there is no employer-employee relation between the Union of India and the petitioners. 6. It is also stated that the petitioners were neither selected for assigned any responsibility by the answering respondents; as such, there is no employer-employee relation between the Union of India and the petitioners. 6. Respondents 3, 6, 7 and 8 in their reply have stated that since the petitioners were working as volunteers, they had to discharge some tasks as per the nature of work under the Scheme, including that of supervision of TLC related examinations, organizing of Yatra in collaboration with Ministry of HRD, Government of India etc., for which they were being duly paid. It is further stated by these respondents that TLC Scheme stands closed and that due consideration and care of their experience under erstwhile TLC Programme has been taken in the advertisement notice as per the guidelines of the SBM Scheme. It is stated that in case any of the petitioners fulfills the criteria as laid down in the new SBM Scheme, he has every right to undergo through the process of selection for engagement, but without fulfilling the basic norms, the rule/law cannot be dispensed with. 7. I have heard learned counsel for the parties and considered the matter. 8. At the outset it may be mentioned that the petitioners in their petition have stated that the Zilla Lokh Shiksha Smiti, Baramulla, has allowed all the Voluntary Teachers, who had been affiliated with erstwhile TLC, to continue in implementation of the SBM. Reliance in this connection is placed on annexure P2 appended with the petition. Perusal of annexure P2 reveals that it is a communication dated18.06.2010 addressed by District Development Commissioner, Baramulla to the Secretary to Government, Education Department requesting therein that the existing experienced ZSS functionaries may be allowed to continue to work for smooth functioning of upcoming Shakshar Bharat Mission Programme. The contention thus raised is belied by the communication relied upon. 9. It was argued by the learned counsel for the petitioners that the Scheme does not provide for engagement of professional teachers, but relies mainly on volunteers with litter or no previous experience. In this connection, reference was made to clause 51 of the Scheme. It was contended that the respondents, in order to accommodate their blue eyed persons are modifying the Scheme as per their own whim and caprice. Perusal of the advertisement notice reveals that 20 points have been allocated for TLC Experience. In this connection, reference was made to clause 51 of the Scheme. It was contended that the respondents, in order to accommodate their blue eyed persons are modifying the Scheme as per their own whim and caprice. Perusal of the advertisement notice reveals that 20 points have been allocated for TLC Experience. On the one hand the petitioners are seeking to base their claim on their working Experience under Total Literacy Campaign (TLC) and on the other hand they seem to be aggrieved of the experience clause. In any case, the petitioners have not made any ground to demonstrate that they have the exclusive right to be engaged as preraks/Coordinators so as to render the impugned advertisement notice illegal or violative of any of their rights. They, at best, are entitled to be considered for such engagements on honorarium basis alongwith all other eligible candidates. 10. It may also be observed here that in a similar matter, being SWP no. 1541/2011, "Abid Hussain Shah & others v. State & others" disposed of on 26.07.2011, one of the Coordinate Benches of this Court has ordered selection for engagement of Block Coordinators and Preraks in 8 CD Blocks of District Budgam shall be made strictly in accordance with the rules/ Government orders occupying the field. That being so, since the respondents in the instant case have commenced the selection process in accordance with the mandate of Articles 14 and 16 of the Constitution of India, no exception can be taken thereto. 11. This petition is, accordingly, dismissed as being without any merit. The connected CMP, too, is dismissed and the interim direction, if any, subsisting shall stand vacated. 12. No order as to costs.