Full Judgment
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No. 6103 of 2013 Dr. Bhim Prabhakar, son of Sri Tapeshwar Singh, Resident of New Madhukam, P.O.-Hehal, P.S.-Sukhdeonagar,District- Ranchi. --- --- --- Petitioner Versus 1. The State of Jharkhand 2. Secretary, Department of Human Resources Development Department, Govt. of Jharkhand, at Project Building, Dhurwa, P.O.- Dhurwa,P.S.-Jagarnathpur, Ranchi 3. Director, Primary School Education, Govt. of Jharkhand, at Project Building, Dhurwa, P.O.-Dhurwa, P.S.-Jagarnathpur, Ranchi --- --- Respondents with W.P.(C) No. 3638 of 2011 --- Sushil Kumar Tiwari, son of Surendra Tiwari, resident of village-Karua Kalan, P.O.-Dumaria, P.S. & District-Garhwa, Jharkhand --- --- --- --- petitioner Versus 1. The State of Jharkhand through the Secretary, Secondary Education, Human Resources Development Department, Govt. of Jharkhand, Project Building, Dhurwa, P.O.-Dhurwa, P.S.-Jagarnathpur, Ranchi 2. Director, Secondary Education, Human Resources Development Department Govt. of Jharkhand, Project Building, Dhurwa, P.O.-Dhurwa, P.S.-Jagarnathpur, Ranchi 3. Jharkhand Academic Council through its Chairman / Secretary, Bargawan, P.O.& P.S.-Namkum, Ranchi --- --- Respondents CORAM: HON'BLE MR. JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON'BLE MR. JUSTICE P.P. BHATT --- For the Petitioner : Mr. Binod Singh, Advocate in WP(PIL)6103/13 & Mr. Shree Krishna Pandey, Advocate in W.P.(C) 3638/11 For the Resp-State : Mr. Rajesh Kumar, GA & Mr. Vikash Kumar, JC to A.A.G. 07/Dated :
28. h April, 2015 Per Virender Singh, C.J.:
1. So far as the distribution of text books to the students from Class-I to VIII studying in Government schools is concerned, Mr. Rajesh Kumar, learned Government Advocate has drawn the attention of the Court to supplementary counter affidavit filed by the Secretary, Human Resource Development Department (Government of Jharkhand) wherein it is stated that not only the State is distributing the text books to all the 2 students from Class-I to VIII standard, who are studying in Government schools, the Government has also launched a drive namely 'Vidyalaya Chale, Chalayen Abhiyan', so that more and more children are brought to the school. According to the affidavit, the Government schools have kept text books in the book bank also, so that the children can avail the books from those banks. This process of distribution of the text books is likely to be complete within a month's time.
2. We appreciate the initiative taken by the State of Jharkhand in this regard, especially with regard to launching of the drive namely 'Vidyalaya Chale, Chalayen Abhiyan'. However, on a specific query put to Mr. Rajesh Kumar as to whether any N.G.O. or for that matter any other Government/Semi-Government Agency has been involved in the aforesaid drive, he stated that certain contractual employments have been made for the purpose of motivating the parents as well as the children, more particularly in tribal areas to come to the schools. He states that these contractual employees are known as “Shiksha Mitra”.
3. We are of the view that Jharkhand State Legal Services Authority can also play a very important role in it and services of para- legal volunteers, appointed in various village legal and supports centers, can be utilized for that purpose.
4. So far as appointment of teachers is concerned, Mr. Rajesh Kumar has drawn the attention of the Court to para-X and XI of the affidavit filed by the Secretary, HRD Department (Government of Jharkhand) wherein it is stated that against the advertised 12999 vacant posts of teachers, 6807 candidates were selected by the appointing authorities. However, in all only 4552 selected persons have joined till 28.02.2015. It is further stated that against the advertised 4353 vacant 3 posts of Urdu teachers, in all 893 candidates were selected by the appointing authorities, out of which only 487 selected candidates have joined till 28.02.2015. The number of TET passed candidates for the post of Urdu teachers is only 813. Mr. Rajesh Kumar wants to state that the situation is not like that the State is not showing any sincerity in filling up the posts of teachers and it is non-availability of the teachers, which is creating lot of problems. However, the State is going for the second phase of the appointment of teachers very shortly.
5. Mr. Rajesh Kumar states that one fact, which has not been incorporated in the affidavit filed by the Secretary, HRD Department (Government of Jharkhand) is with regard to the appointment of teachers in upgraded middle schools, for which the merit list has already been prepared and the counseling process will be over very shortly.
6. Mr. Rajesh Kumar further states that so far as the total 7926 posts of Graduate Trained Teachers in middle schools are concerned, the earlier procedure was that 50% of the Graduate Trained Teachers posts are to be filled up by direct appointment and 50% by promotion amongst the working teachers in the primary school, but very recently another dimension has been given to the procedure by reserving 50% seats for female. This reservation would be horizontally for the women. Out of that 50% horizontally reserved seats, 5% seats are reserved for women teachers, who are divorcee/widow ones and in this regard, a notification No. 2102 dated 22.10.2014 has already been released.
7. This certainly appears to be a good step taken by the State with regard to women empowerment and we appreciate it, but at the same time, expect that this process should be complete without any waste of time. 4 8. Mr. Rajesh Kumar states that so far as secondary and higher secondary schools (Classes VIII-X and XI-XII) are concerned, Common Draft Appointment and Service Rules for all the categories of Government High Schools are under process and are likely to be finalized very shortly and after the said Rules are notified, the entire selection process will be complete without any waste of time and all the vacancies will be sent to Jharkhand Staff Selection Commission for completing the process of selection which would include physical teachers vacancy also.
9. After taking note of all, what has stated herein above, we defer consideration of the instant petition for at least two months.
10. List again on 07.07.2015.
11. Copy of the order shall not only be provided to learned counsel for both the sides under the seal and signature of the Court Master, it shall also be communicated to the Member Secretary, JHALSA for placing it before Hon'ble the Executive Chairperson of JHALSA for his lordship's perusal and any further action, if required at the end of JHALSA. (Virender Singh, C.J.) (P.P. Bhatt, J.) Shamim/Brajesh