Research › Search › Judgment

Madhya Pradesh High Court · body

2017 DIGILAW 771 (MP)

Murarilal Tyagi v. State of M. P.

2017-06-27

ROHIT ARYA

body2017
JUDGMENT : Rohit Arya, J. Petitioners, the teachers, have approached this court against the order dated 08.04.2011, whereby the State Government in exercise of powers under Rule 12 (2) of the Madhya Pradesh Jan Shiksha Niyam, 2003 (hereinafter shall be referred to as the Rules of 2003) and the provisions of Madhhya Pradesh Jan Shiksha Adhiniyam, 2002, has made number of High Schools and Higher Secondary School, as Jan Shiksha Kendra. The petitioners are required to visit the Jan Shiksha Kendra for submission of their reports. 2. Learned counsel for the petitioners contends that as per the Rule 12 of the Rules of 2003 (supra), the relevant part of which is reproduced as under :- "12. Jan Shiksha Kendra - In every District, one of the middle schools of a cluster of primary and middle schools shall be designated by the State Government as Jan Shiksha Kendra for improving the quality of elementary education and adult education. The schools situated within 8 km. radius of the Jan Shiksha Kendra shall form the cluster of Primary and Middle school. The Jan Shiksha Kendra shall work as a quality circle for all the schools of its area." the schools situated within 8 km. radius of the Jan Shiksha Kendra shall form the cluster of Primary and Middle School, whereas in the instant case, the relevant Jan Shiksha kendra-Govt. High School, Gujarna, Block Pahadgarh, District Morena is beyond 8 km. and as such the petitioners are put to serious inconvenience to visit Jan Shiksha Kendra for compliance. 3. It is also submitted that a representation in this regard has already been submitted as Annexure P/3 to the respondents, but the same has not been considered and decided. Under such circumstances, the petitioners have approached this court for the relief that the respondents be commanded to make any other school as Jan Shiksha Kendra which is within the vicinity of 8 km. 4. On notice, respondents have filed the counter affidavit justifying passage of the impugned order with the contention that looking to the geographical boundaries of District Morena, the Jan Shiksha Kendra have been made on different schools in wider public interest. 4. On notice, respondents have filed the counter affidavit justifying passage of the impugned order with the contention that looking to the geographical boundaries of District Morena, the Jan Shiksha Kendra have been made on different schools in wider public interest. Relevant para of the counter affidavit is as under :- "5.7 As to reply of this para, it is being submitted that in District Morena number of Jan Shiksha Kendra are fixed as 64 and about 30-40 Primary and Middle School have been merged in one Jan Shiksha Kendra and it's a policy decision as can be gathered from the communication dated 5.8.2000 (Annexure R/2). Hence petitioner has no right to raise any grievance because the meeting is scheduled once in a month, which can easily be attended by any of the Jan Shikshak as at one Jan Shiksha Kendra two Jan Shikshak are being deputed." 5. Moreover, relevant Rule 12 of the Rules of 2003 has been amended vide gazette notification dated 23rd June 2010 and now there is no limit of 8 km. periphery/limit for establishment of Jan Shiksha Kendra. The relevant amendment is as under :- "(1) The State Government shall designated a few or all of the Higher Secondary schools or High Schools as Jan Shiksha Kendra in every district for improving the quality of elementary education and adult education. The Jan Shiksha Kendra shall work as a quality circle for all the schools of its area." 6. It is also submitted that the petitioners are required to attend the meeting at Jan Shiksha Kendra once in a month and therefore no positive directions can be issued in the absence of any legal right for its enforcement and therefore writ petition deserves to be dismissed. 7. Heard. 8. In the light of the fact that relevant para of Rule 12 of the Rules of 2003 has undergone the amendment and now there is no restriction of Jan Shiksha Kendra being within the periphery of 8 km. from Primary and Middle School and moreover, the teachers are also required to attend the meeting once in a month at Jan Shiksha Kendra, therefore, the petitioners can not make a complaint. from Primary and Middle School and moreover, the teachers are also required to attend the meeting once in a month at Jan Shiksha Kendra, therefore, the petitioners can not make a complaint. Moreover, the establishment of Jan Shiksha Kendra depends upon various factors; area of district, number of schools, formation of cluster of schools, location of such schools to different Jan Shiksha Kendra and that appears to be the reason why Rule 12 of the Rules of 2003 has undergone the amendment removing the restriction of 8 km. periphery/radius for formation of cluster of primary and Middle School. 9. Under such circumstances, this court finds no reason to interfere in the petition. Accordingly, the petition is hereby dismissed.