Court No. - 58
Case :- WRIT - A No. - 23181 of 2018 Petitioner :- Shikha And 16 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Navin Kumar Sharma,Nitin Kumar Tiwari Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi,Vivek Saran
Hon'ble Ashwani Kumar Mishra,J.
The controversy raised in the present petition has been adjudicated by order of this Court dated 16.5.2018 passed in writ petition No. 11829 of 2018, which is as follows:-
"Petitioners are posted in different districts as Assistant Teacher and have joined together in filing present writ petition. An objection is taken by the respondents to the effect that many of the petitioners are posted in districts Hardoi and Lakhimpur, which is not fall within the territorial limits of this Court. The writ petition is permitted to be withdrawn at the instance of petitioner nos.3, 4, 5, 15, 17 and 18 with liberty reserved to them to approach the competent forum in case they are so advised.
Grievance of the petitioners is that authorities of State and Parishad are appointing them as Block Level Officer and various works, which are not required to be performed by teachers have been entrusted to them.
Learned counsel for the petitioners places reliance upon section 27 of the Right of Children to Free and Compulsory Education Act, 2009 as well as rules framed thereunder. Section 27 of the Act of 2009 as well as rule 21(3) of the Rules of 2011 reads as under:-
"Section 27. Prohibition of deployment of teachers for non-educational purposes.- No teacher shall be deployed for any non-educational purposes other than the decennial population census, disaster relief duties or duties relating to elections to the local authority or the State Legislatures or Parliament, as the case may be.
Rule 21(3). For the purpose of maintaining the pupil-teacher ratio, no teacher posted in a school shall be made to serve in any other school or office or deployed for any non-educational purpose, other than the decennial population census, disaster relief duties or duties relating to elections to the local authority or the State Legislatures or Parliament."
Learned counsel has also placed reliance upon an order passed by this Court in U.P. Pradeshiya Prathamik Shikshak Sangh, Band and another vs. State of U.P. and others being Writ Petition No.34082 of 2017, decided on 2.8.2017. Operative portion of the order dated 2.8.2017 reads as under:-
"For the reasons mentioned above, I find that the order of the District Magistrate, Banda is unsustainable and is contrary to Section 27 of Act 2009 and the law laid down by this Court in Sunita Sharma (supra). Accordingly, the order of the District Magistrate dated 28.4.2017 is set aside. A direction is issued to the respondents that in future the services of teachers should be deployed strictly in terms of Section 27 of the Act, 2009 and they should not be deployed for any other non-educational purposes, which are not mentioned in Section 27 of the Act. Thus, the writ petition is allowed."
In view of the law laid down by this Court, referred to above, the direction issued by the authorities requiring the petitioners to perform work contrary to section 27 of the Right of Children to Free and Compulsory Education Act, 2009 is not liable to be sustained.
In such circumstances, petitioners are permitted to approach respondent nos.1 and 2 in respect of their grievance noticed above, alongwith certified copy of this order, within a period of two weeks from today. The authorities concerned shall issue necessary instructions to the concerned District Magistrates and District Basic Education Officer of different districts to the effect that provisions contained under section 27 of the Act of 2009 shall be scrupulously complied with, and the Assistant Teachers shall not be assigned work in teeth of the provisions, referred to above.
With the aforesaid observations, this writ petition stands disposed of".
Facts being identical, this petition is also disposed of on the same terms.
Order Date :- 29.10.2018 n.u.