Members of Lok Shikshak Sangh sought reinstatement in government posts and payment of arrears and current salary under the Bihar Panchayat Prathmik Sikshak Rule 2008 after the Lokshikshak voluntary scheme ended. The court held their claims, raised years after a 2008 appointment opportunity, unjustified and dismissed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7281 of 2019
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Post Office Fatuha, Police Station Fatuha, District Patna, Pin Code 803201.
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Post Office- Ganpatganj, Police Station-Raghopur, District- Supaul, Pin Code 852109.
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Post Office- Lalbag, Police Station-Shahbazpur, District- Darbhanga, Pin Code 846005.
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| =============== | ========================= | ... ... Respondent/s ============== |
|---|---|---|
| Appearance : | ||
| For the Petitioner/s | : Mr.Subesh Sharma |
|
| For the Respondent/s | : Mr.Prabhakar Jha ( Gp27 ) |
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
6 01-04-2024
Counsel for the petitioners and counsel for the State
are present.
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SSA/169 dated 05.03.2005 for arrangement of land “to change the Shiksha Garanti Kendra into Regular School/Primary School”. Petitioner No. 1 and some other persons donated the land in the name of Governor of Bihar on 08.12.2005 on some terms and conditions i.e. “If Lokshikshan Kendra is stopped, the said land owner will be owner himself”, but the terms and condition was not fulfilled. Counsel further submits that in 2016 Petitioner No. 1 filed R.T.I. asking about the said land in question, in which reply came that on the same land Navsirjit Prathmik Vidyalay was situated. He further submits that in 2006, Government of Bihar through Director of Bihar Siksha Pariyojna Parishad issued a Resolution dated 03.08.2006 according to which 15000 new Prathmik Vidyalay have been opened where Lokshikshan Kendra is going on and the post of Lokshikshak was abolished since 30.09.2006. In 2008, Government of Bihar vide Resolution No. 7 dated 25.08.2008 mentioned that “ Legally appointed Lokshikshak will be given Experience Certificate by Jila Shiksha Adhikshak (D.E.O.) ” He further submits that Bihar Prarambhik Shikshak Rule 2006 have been amended vide Resolution No. 3148 dated 25.08.2008 according to which the Panchayat Niyojan Ekai was given power by respondent authority for appointment of the teacher as
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Panchyat Shikshak and Parkhand Shikshak and during the said appointment, some persons have been appointed through the Panchayat Niyojan Ekai but many of the petitioners were not selected. Counsel submits that those teachers who were appointed through Niyojan Ekai, there remuneration were fixed on contract basis and those Lokshikshaks who where not appointed, no payment were done to them so these teachers have moved before this Hon'ble Court in C.W.J.C. No. 21406 of 2013 and in C.W.J.C. No. 14493 of 2008 vide order dated 20.11.2014 and 21.03.2012, in which it was ordered to file representation before the Principal Secretary of the Human Resources Development Department, Government of Bihar. Counsel submits further that in compliance of the order passed by this Hon'ble Court, petitioners have filed their representation for their regularization but no decision has been taken. Counsel further submits that the present writ petition has been filed with the specific relief that those Loksikshaks who are petitioners in the present writ petition should be paid their arrears and current salary in accordance with Bihar Panchayat Prathmik Sikshak Rule 2008.
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Education has dealt with this issue in C.W.J.C. No. 14493 of 2008 and C.W.J.C. No. 21406 of 2013 in compliance of the order passed by this Hon'ble Court, detailed departmental order has been passed vide Memo No. 1018 dated 31.08.2015 by which the claim of the petitioner has been rejected. Counsel for the State further submits that order dated 31.08.2015 has been assailed through different writ petitions in some cases i.e. C.W.J.C. No. 1109 of 2017, this Hon'ble Court vide order dated 30.11.2017 has pleased to direct the respondent to consider relaxing the age as petitioners are otherwise eligible for appointment as Panchayat Sikshak as one time measure considering the fact that they have worked under the Scheme of State Government. Counsel further submits that, the departmental order has been passed in this regard vide memo no. 871 dated 03.08.2022 which has been enforced and annexed as Annexure R/1. Counsel submits that vide resolution dated 07.11.2002, the Secondary, Primary and Adult Education Department decided to set up Lokshikshak centers, as the responsibility of the community by arranging all resources by the community in areas where there is no primary school within the periphery on one Kilometer. The scheme of setting up of Lokshikshak Center was to encourage education to children by
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involving the local community and in this process voluntary scheme was launched and for such voluntary alternative education centre, Lokshikshak as volunteers were engaged. Counsel further submits that in advent of Bihar Panchyat Primary Teacher Appointment Rule, 2006 and its amendment from time, the State Government conferred jurisdiction to the Panchyati Raj institutions to appoint Niyojit teachers and under the scheme of the 2006 Rule, the Shiksha Mitra continuing in the primary school were absorbed. Counsel further submits that the scheme of the Lok Shikshak in Lok Shikshak Kendra was only voluntary scheme to involve the community in awareness programme and to encourage the children for compulsory education but since the voluntary scheme of Lokshikshak Kendra was towards closure, hence the government took decision to give weightage to Lokshikshak in the matter of selection as Panchayat teacher/ Prakhand teacher. Counsel further submits that the rule relating to appointment of Primary teacher has also undergone change and the minimum eligibility for appointment as teacher has been prescribed as trained and passing of T.E.T. He further submits that Vide C.W.J.C. No. 14493/2008 the Lokshikshaks has raised the issue of discrimination in the matter of absorption qua Shiksha Mitra in
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the writ petition and in the said writ petition, direction was given to file representation. Representation was filed and final order has been passed as contained in Memo No. 1018 dated 31.08.2015. Counsel categorically submits the cause of the petitioner has been raised in 2006-2008 and after lapse of 16 years, he has filed the present writ petition in the year 2019.
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case has not been considered by the State. It also transpires to this Court that some petitioners have moved earlier before this Hon'ble Court and this Hon'ble Court without entering into the merits of the case has directed the petitioner to file representation on which the proper order has been passed and again raising the same issue in 2019 in absolutely unjustified due to this reason that any litigation must be reached to its end. As such, this Court is not inclined to grant any relief to the petitioners or similarly situated petitioners who have moved earlier to this Court for continuing their litigation after lapse of about 16 years and unnecessary involving the State authorities in litigation.
(Dr. Anshuman, J)
Sunnykr/-
U
1 issue framed by the court
Whether Lokshikshaks engaged under a voluntary community scheme were entitled to reinstatement, regularisation or salary/arrears after the scheme's abolition.
2 provisions across 2 enactments
Md. Meraj uddin & others (Lok Shikshak Sangh)
The State of Bihar
The Principal Secretary, Human Resources Development Department, Patna
Bihar Shiksha Pariyojna Parishad through its Director, Patna
The Director, Primary Education, Government of Bihar, Patna
The Union of India through its Secretary, Human Resources Development Department, New Delhi
Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
