JUDGMENT : (Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari, calling for the records pertaining to the impugned charge memo issued by the 3rd respondent in his proceedings in Na.Ka.No. 5682/A4/2013 dated 05.02.2014 and quash the same.) 1. The charge memo, dated 05.02.2014, issued by the third respondent, is under challenge in the present writ petition. 2. The learned counsel appearing for the writ petitioner states that the petitioner was appointed as B.T.Assistant (English) in Panchayat Union Middle School, Kulavaipatti, Annavasal Union, Pudukottai District, on 15.09.2010. The petitioner was transferred to the fifth respondent Panchayat Union Middle School, Naickanpatti, on 01.08.2012. The petitioner states that she along with her husband reported before the fourth respondent and submitted a joining report, at that point of time, the seventh respondent demanded bribe amount for accepting the joining report. The writ petitioner refused to give any bribe. Thereafter, the seventh respondent has taken a personal vengeance against the writ petitioner and threatened her by stating that departmental disciplinary proceedings will be initiated against the writ petitioner. The writ petitioner states that on account of the mala fide intention, the charge memo has been issued. Therefore, the impugned charge memo is liable to be quashed. 3. The charges against the writ petitioner are extracted hereunder: “TAMIL” Annexure-II of the charge memo provides the statement of allegations and deed of misconduct. Annexure-III denotes the list of documents. Thus, there is no infirmity as such in respect of the charge memo issued against the writ petitioner. 4. The learned counsel appearing on behalf of the eight respondent made a submission that all the officials against whom the mala fide allegations are raised in the present writ petition were transferred and none of them are working in the present station. Thus, the competent authorities may be permitted to continue the departmental disciplinary proceedings and conclude the same by affording an opportunity to the writ petitioner to defend her case. 5. The learned Special Government Pleader appearing for the respondent Nos.1 to 5 also disputed the contention raised on behalf of the writ petitioner by stating that the charges are a definite concern for the Department and during the inspection, it was found that the students studying in the class room were unable to provide any answer for the questions asked by the Inspector. Thus, an inference was drawn that the writ petitioner has not taken classes properly to the students. In other words, the assessments were made regarding the quality of teaching and ability of the writ petitioner and it was found that the students were not at all taught minimum lessons as well as the general informations. Under those circumstances, the charge memo was issued and therefore, the writ petitioner is liable to submit her explanation and defend her case. 6. This Court is of the opinion that the assessment of the teaching ability must be periodically done by the competent authorities of the Educational Department. Team of officials are to be deputed for the purpose of assessing the Teaching ability of these students studying in Government Schools. There is large scale allegations in the public domain that the Teachers are not taking classes properly and not imparting education in the manner prescribed. 7. Teaching is a noble profession. Only persons possessing the Teaching skill, must be appointed. Taking classes in the class room is an art and therefore, every Teacher must be trained to take classes efficiently and effectively for the purpose of sharing knowledge and imparting better education to the students studying in the schools. This being the nobility involved in the profession of Teaching, equally the authorities competent of the Education Department also duty bound to make periodical assessment of the teaching ability of the Teachers. All the Teachers across the State of Tamil Nadu are decently paid from the tax payers money. Thus, the public in general expect that they should impart better education to the children and share knowledge and develop discipline amongst the students for nation building. These students are the nation builders of out great nation and therefore, more concentration is required in the field of education. Though the new educational policy is proposed to be introduced across the Country, these aspects are also to be taken into account for the purpose of imparting better education to the students, mostly in rural areas and semi urban areas. 8. Section 24 of the Right of Children to Free & Compulsory Education Act, 2009 (hereinafter referred to as 'the Act'), enumerates as under: "24. 8. Section 24 of the Right of Children to Free & Compulsory Education Act, 2009 (hereinafter referred to as 'the Act'), enumerates as under: "24. Duties of teachers and redressal of grievances.-(1) A teacher appointed under sub-section (1) of section 23 shall perform the following duties, namely:- (a) maintain regularity and punctuality in attending school; (b) Conduct and complete the curriculum in accordance with the provisions of sub-section (2) of section 29; (c) complete entire curriculum within the specified time; (d) assess the learning ability of each child and accordingly supplement additional instructions, if any, as required; (e) hold regular meetings with parents and guardians and apprise them about the regularity in attendance, ability to learn, progress made in learning and any other relevant information about the child; and (f) perform such other duties as may be prescribed. (2) A teacher committing default in performance of duties specified in sub-section (1), shall be liable to disciplinary action under the service rules applicable to him or her: Provided that before taking such disciplinary action, reasonable opportunity of being heard shall be afforded to such teacher. (3) The grievances, if any, of the teacher shall be redressed in such manner as may be prescribed." 9. In the Act itself it is provided that the Teacher appointed should maintain regularity and punctuality in attending the School, assess the learning ability of each child and accordingly supplement additional instructions. Sub-Section (2) to Section 24 of the Act enumerates that "A teacher committing default in performance of duties specified in sub-section (1), shall be liable to disciplinary action under the service rules applicable to him or her". The proviso clause says that "before taking such disciplinary action, reasonable opportunity of being heard shall be afforded to the teacher concerned." 10. The duties and responsibilities of the Chief Educational Officers, as per Annexure-I of G.O.(Ms) No.101, School Education (Budget-1) Department, dated 18.05.2018, are ".... (c) Initiate action against schools which violate the provisions of RTE Act 2009 and Rules framed by Central and State Government from time to time. (d) Monitor the implementation of 25 percent admissions as per the provisions of RTE, Act 2009 in all Self Financed Primary, Middle, High and Higher Secondary Schools excluding Minority Schools. .... .... (g) Conduct annual academic inspection of all Government Higher Secondary Schools and Government Aided Schools in the Revenue District." 11. (d) Monitor the implementation of 25 percent admissions as per the provisions of RTE, Act 2009 in all Self Financed Primary, Middle, High and Higher Secondary Schools excluding Minority Schools. .... .... (g) Conduct annual academic inspection of all Government Higher Secondary Schools and Government Aided Schools in the Revenue District." 11. When the Act itself contemplates that the Teacher should assess the learning ability of the child and those, who are all committing default in respect of the provisions of the Act shall be liable to disciplinary action under the service rules applicable to them, this Court is of an undoubted opinion that an effective mechanism is to be pressed into service for the purpose of identifying lapses, negligence and dereliction of duty on the part of the Teachers in imparting education to the students in the prescribed standard. The State Government so far has not implemented these clauses through an effective mechanism. In spite of the infrastructures and facilities provided by the State Government to the Government Schools and other facilities to the students as well as to the Teachers, the quality of education, which is vital for improvise the educational policy, is yet to be undertaken. 12. At this juncture, it would be relevant to refer G.O.(1D) No.264, School Education (E1) Department, dated 06.07.2012, wherein certain instructions to be followed scrupulously have been provided by the Government. 13. The Director of State Educational Research and Training also, in his proceedings, dated 04.07.2019, issued certain guidelines. 14. The Director of Elementary School Education, in his proceedings, dated 06.06.2016, has specifically issued instructions to all the District Educational Officers. The relevant clauses of the said proceedings are extracted hereunder: “TAMIL” 15. As per the above instructions, it is made clear that it is the duty mandatory on the part of the competent educational authorities to conduct periodical inspections and ascertain, whether the Teachers have imparted education to all the students in the manner prescribed and upto the standard. 16. In the present case on hand, during inspection, it was found that the writ petitioner had not performed her duties, as per the instructions and as per the standard fixed in the educational policy. 17. 16. In the present case on hand, during inspection, it was found that the writ petitioner had not performed her duties, as per the instructions and as per the standard fixed in the educational policy. 17. This Court is of the considered opinion that though instructions are issued, the same remain in the paper and not implemented effectively and efficiently so as to initiate appropriate action against all the Teachers, who have committed negligence, lapses and dereliction of duty in imparting better education to the students studying in the Government, Panchayat, Corporation and Municipal Schools. 18. Periodical assessment of the officials of the Education Department is certainly imminent and warranted. Special Teams are to be constituted to assess the ability of the Teachers, who all are working in the Government Schools across the State of Tamil Nadu in both rural and urban areas. In the event of identifying that students not answering even for basic and simple questions, then the Teacher concerned must be prosecuted and suitable disciplinary actions are to be initiated against him / her under the provisions of the Discipline and Appeal Rules, without any delay. 19. No Teacher can take a defence that the students are incapable of listening. Such a general stand can never be accepted. Only on certain exceptional cases, where, one or two students, who are affected on account of illness, may not be in a position to understand properly. Otherwise, all the children are capable of understanding and the current generations children are undoubtedly brilliant. The level of understanding may be different from one child to another child. The level of grasping the lessons and informations may vary from one child to another child. However, it is duty mandatory on the part of the Teachers to concentrate in respect of all such children, who all are having less understanding capability or late understanding of lessons or informations. It is the duty of the Teachers to assess the requirements of the child concerned and accordingly teach them properly so as to enable the child to understand and grasp the informations and lessons and acquire knowledge so also to proceed towards the higher education. 20. Thus, no Teacher can say that the children studying in rural areas are incapable of understanding. The great statesmen, scientists, poets, artists, entrepreneurs and scholarly people all came from rural background mostly. 20. Thus, no Teacher can say that the children studying in rural areas are incapable of understanding. The great statesmen, scientists, poets, artists, entrepreneurs and scholarly people all came from rural background mostly. Our great nation witnessed large number of children studied in rural areas became the great leaders, scholars and eminent personalities. Therefore, no Teacher can say that the children in rural areas are incapable of understanding the lessons. It is the duty of the Teacher to understand the mind-set of the children and accordingly, impart education for their future development and for Nation building. These children are the backbone of our great Nation. They are the future development of our great Nation. In the event of not concentrating on the educational policy by the Government, then we are loosing a future generation, equally we will not be in a position to take our great Nation forward towards the developmental activities. 21. As far as the writ petition on hand is concerned, during the assessment by the educational authority concerned, none of the students had answered in respect of the questions asked by the Inspector of Schools. Thus, this Court is bound to draw a factual inference that the Teacher, who taught the students, had not performed their duties and responsibilities properly as per the Government Orders and the statutes as well as the standard prescribed. Even the minimum informations regarding our great Nation are not taught to the students. It is painful that a child is unable to answer the least questions asked by the Inspector of Schools. This is a classic area, where the Teachers have committed negligence and dereliction of duty and they are committing a greatest sin against our great Nation. 22. These Teachers should touch their conscious and think about the amount of salary they are receiving from the taxpayers, including the parents of those children. These Teachers must realize that they are not only performing mere duties and responsibilities, but, they have got a greatest responsibility towards our great Nation and they are contributing for the developmental activities of our great Nation. Such a level of thinking is to be developed in the minds of the Teachers also. If we are failing to inject such ideas in the minds of the Teachers, then undoubtedly, we are loosing the spirit of our educational policy so as to compete in the global level. 23. Such a level of thinking is to be developed in the minds of the Teachers also. If we are failing to inject such ideas in the minds of the Teachers, then undoubtedly, we are loosing the spirit of our educational policy so as to compete in the global level. 23. Considering the facts and circumstances, apart from implementing the educational policy with reference to the Act, this Court is duty bound to direct the competent authorities to implement an effective mechanism for the purpose of implementation of the provisions of the Act. The provisions of the Act cannot be allowed to remain in papers and the spirit of the Act must be implemented by the Government by constituting Special Teams for the purpose of conducting periodical inspections in various Government Schools in both rural and urban areas in order to ascertain the quality of teaching imparted by these Teachers and the development of the children studying in rural areas. In this regard, Special Teams are to be constituted under the Chairmanship of the Chief Educational Officer of the respective Districts and sufficient number of teams are to be constituted by the Chairman in order to conduct frequent inspections. The model questions to be asked with the children are to be prepared at the directorate level and various set of questions and answers are to be prepared and circulated to the Chairman of the Special Teams and such questions to be circulated on rotation and periodical changes in the questions as well as the constant monitoring are to be undertaken by the Directorate level for effective functioning of such Special Teams across the State of Tamil Nadu. 24. In the event of identifying lapses, negligence, dereliction of duty, misconduct or otherwise on the part of the officials of the Education Department, the competent authority of the Department are bound to institute departmental disciplinary proceedings against them and conclude the same by following the procedures and by affording due opportunity to the delinquent officials and pass orders as expeditiously as possible. At the same time, long pendency of departmental disciplinary proceedings must be avoided. 25. Under these circumstances, the following orders are passed: (i) The relief as such sought for in the present writ petition stands rejected. At the same time, long pendency of departmental disciplinary proceedings must be avoided. 25. Under these circumstances, the following orders are passed: (i) The relief as such sought for in the present writ petition stands rejected. (ii) The respondents are directed to continue the departmental disciplinary proceedings against the writ petitioner with reference to the charge memo, dated 05.02.2014 and conclude the same by following the procedures contemplated under the Discipline and Appeal Rules and pass orders as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order. (iii) The first respondent / Secretary to Government, School Education Department, is directed to constitute Special Teams in all Districts under the Chairmanship of the respective Chief Educational Officer for conducting periodical inspections in all the Government Schools across the State of Tamil Nadu for the purpose of assessing the teaching quality as well as the knowledge acquired by the students in the Schools. (iv) The first respondent / Secretary to Government, School Education Department is directed to instruct the respective Chief Educational Officer in each District to constitute additional teams based on the number of schools to be inspected and as per the requirements. (v) The Chief Educational Officers are directed to constitute additional teams for frequent inspections regarding the implementation of educational policies and for the purpose of improving the quality of education in rural areas. (vi) The respondents 2 and 3 are directed to formulate standard questions and answers with the consultation of the experts and circulate such questions and answers to the special teams on rotation so as to assess the teaching quality of the Teachers with reference to the standard of education to be provided under the educational policy. (vii) Periodical change of questions and answers are also imminent and to be done by the respondents 2 and 3. (vii) Periodical change of questions and answers are also imminent and to be done by the respondents 2 and 3. (viii) The first respondent / Secretary to Government, School Education Department is directed to monitor the functioning of these special teams across the State of Tamil Nadu and accordingly, issue instructions then and there for the purpose of improving the quality of education in rural areas and to provide further suggestions and ideas with the consultation of the experts so as to impart best education to the children of our great Nation, who all are studying in the Schools across the state of Tamil Nadu (ix) The respondents 1 to 3 are directed to ensure that the children studying in Elementary and Primary Schools are capable of reading, writing and possessed the arithmetic skills. In the event of identifying any lapse in this regard by the Special Teams, serious actions are to be initiated against the Teachers and the concerned authorities of the Department under the provisions of the Discipline and Appeal Rules. (x) Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.