16 September 2013



?Court No. - 32 

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 34647 of 2013 

Petitioner :- Subhash Chandra Tewari 
Respondent :- State Of U.P. And 5 Others 
Counsel for Petitioner :- Rajesh Kumar Singh 
Counsel for Respondent :- C.S.C.,Jai Ram Pandey 

Hon'ble Sunil Ambwani,J. 
Hon'ble Surya Prakash Kesarwani,J. 
The petitioner is working as Asstt. Teacher in Purva Madhyamik Vidyalaya Purvajagir Vikash Khand Kone, Distt. Mirzapur. 
By this writ petition filed in public interest he has prayed for directions to the respondent authorities to fulfill the mandate of Right of Children to Free and Compulsory Education Act, 2009 as well as the mandate of the 86th Constitutional Amendment inserting Art.21A by providing proportionate number of teachers in the Primary and Upper Primary Schools in Distt. Mirzapur. It is submitted by learned counsel for the petitioner that by indiscriminate posting and transfers for questionable reasons the District Basic Education Officer, Mirzapur has created a situation in which a large number of schools are not having any teachers, whereas in some schools in urban areas on account of absorption/ transfer/ posting, more than sufficient number of teachers have been posted. 
It is admitted to the petitioner that there are large number of vacancies of teachers in Primary Schools on account of failure of the State Government to hold Teachers Eligibility Test, in time. There were large number of complaint in earlier Teachers Eligibility Test held by the State Government on which the State Government has taken a stand and amended the rules providing that any person, who has passed TET, if he is otherwise qualified is eligible to be appointed as Asstt. Teacher in Primary Schools and Upper Primary Schools. 
The prayers for posting proportionate number of teachers in all the schools is in public interest to protect the fundamental rights of children guaranteed under Art.21A of the Constitution of India as secured by the Act of 2009.� 
Let the respondents file counter affidavit giving number of teachers, posted in the schools at Mirzapur, giving details of the schools, number of students, number of sanctioned posts and the number of teachers posted on such posts. 
In the meantime, the District Basic Education Officer, Mirzapur will ensure that the teachers are posted in the Primary Schools and Upper Primary Schools in such numbers, that atleast one teacher is posted in every school, until regular appointments are made. 
List on 23rd July, 2013. 
Order Date :- 27.6.2013 

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