Supreme Court - Daily Orders
J.K. Raju . vs The State Of Andhra Pradesh on 13 July, 2016
Bench: Dipak Misra, C. Nagappan
CP 532/2013
1
ITEM NO.2 COURT NO.4 SECTION PIL(W)
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CONMT.PET.(C) No.532/2013 In W.P.(C) No.631/2004
J.K. RAJU AND ANR. Petitioner(s)
VERSUS
STATE OF ANDHRA PRADESH AND ANR. Respondent(s)
(With appln.(s) for exemption from filing O.T. and office report)
Date : 13/07/2016 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE C. NAGAPPAN
For Committee Mr. Ashok Kumar Gupta, Sr. Adv.
For Petitioner(s)
For Respondent(s) Mr. P. Vishwanath Shetty, Sr. Adv.
Mr. P. Venkat Reddy, Adv.
Mr. Prashant Kr. Tyagi, Adv.
For M/s. Venkat Palwai Law Associates
Mr. Sravan Kumar K., Adv.
Mr. Amit K. Nain, AOR
Mr. G. N. Reddy, AOR
UPON hearing the counsel the Court made the following
O R D E R
In pursuance of our order dated 10th May, 2016, the Signature Not Verified appointed Committee has gone to various places in the State Digitally signed by CHETAN KUMAR Date: 2016.07.13 of Telangana and submitted a report which pertains to reasons 16:35:03 IST Reason:
for 'zero enrollment' in certain schools in the State of Telangana.CP 532/2013 2
Mr. Ashok Gupta, learned senior counsel, the Chairman of the Committee, has drawn our attention to the reasons which have been enumerated in paragraph 12 of the report. They read as follows:
“(a) In certain areas of zero enrolment, the committee found a very distinct and forceful clamour for English medium education. Persons hailing from most impoverished section of the society were found to be clamouring for schools imparting education in English medium. In fact, it was observed, while traveling, hugesign boards prominently announcing 'English Medium School, your route to IIT', etc. While there may be differing opinions as far as desirability of imparting English medium education at primary level, in a language other than mother tongue is concerned, it was observed by the committee that in areas having private schools, imparting education in English medium, parents prefer to send their children to such private schools even while incurring huge expenditure. It is not as if children are not going to schools. They are indeed going to schools, preferring private school with English medium over government schools with telugu medium. The reason for such demand for English medium education is probably better employment opportunities leading to economic prosperity. The committee also found instances wherein after completion of primary school education in private schools, parents shifted their children to Govt. Schools for upper primary (classes 6th to 8th), since at this level more government schools have English as the medium of instruction.
(b) In certain areas, it was observed that there were either no children of school going age in the habitation or there were very few children as the density of population in a particular village/hamlet is very less, wherein hardly 10-12 families were found to be residing. Therefore due to change in demographic pattern in a habitation, certain schools have been rendered with zero enrolment.
Also in certain places, on account of seasonal work, migrant labour, it was not possible to have children attend schools all the months in a year.
CP 532/2013 3(c) The total number of hours that a child spends in schools also seems to have some bearing as far as zero/low enrolment in government school is concerned. A lot of parents who are engaged in unskilled jobs or in manual labour seemed to prefer the idea of a child to be taken care in a school for 6 to 8 hours. The reason for this appears to be that children should spend more time in school so that they are not left along after school hours and the parents are free to work. The Right of Children to Free and Compulsory Education Act, 2009 also stipulates a total of eight hundred hours in school in one year for primary school children and one thousand hours for classes 6th to 8th. Three to four hours of instruction time in government schools seems to be somewhat inadequate.
(d) The Committee also observed that parents are keen to enroll children at the age of 3+ (i.e. in Pre Primary sections i.e. Nursery/LKG/UKG) in private schools. Whereas, the Government schools allow admission at the age of 5+ in to Class I. Once the children are enrolled in private schools, they continue there and are reluctant to rejoin government schools in higher classes. This has also contributed to the drop of enrolment in Government Schools.
(e) The Committee while visiting certain remote tribal areas where such zero enrolment schools are located, observed that the schools could not be run as no teacher was willing to work at such schools due to their location in such remote areas which are accessible only by Kaccha Roads (unpaved roads) and perhaps much more difficult to commute during rainy season.
(f) In one particular area/school, the Committee was apprised about absence of teacher/teachers; that they come and leave at their sweet will. However, these allegations could not be verified; at the same time such complains cannot be rejected out of hand, nor can be taken as gospel truth. The overwhelming view that emerged after discussions was that biometric system should be introduced in all government schools all over the State so that some sort of discipline could be enforced and CP 532/2013 4 the grievances redressed. The teachers that the Committee interacted with, did not seem to object to the introduction of biometrict system. Private schools are perceived to be enforcing discipline in a much more robust manner.
(g) At quite a few places the Committee noticed that there are more than two schools in a comparatively small geographical area, having no more than 8 to 10 children in the school going age-group. At such places parents choose to send their child to such a school as imparts education from 1st to 10th standard; the idea being to avoid the hassle and inconvenience of new/fresh admission to a new school after 5th standard. This aspect would need to be considered very carefully since it would make very little sense to run a school with all requirements and stipulations like number of teachers, mid day meal etc. when only a couple of students are enrolled. In such circumstances, it would, perhaps, be better to rationalize and merge such schools with bigger schools in the vicinity. The Committee did not come across any serious case of children not going to school on account of absence of school/schools.” Be it noted, an additional affidavit has been filed by the State of Telangana, indicating as to what steps the State has taken prior to submission of the report. The steps taken by the State, as is evident from the affidavit, are as follows:
“3. I submit that the State of Telangana launched 'Enrolment Drive' popularly knwn as 'Badi Baata' with a mainobjective to focus on Zero and Low Enrolment Schools from 03.06.2016 to 13.06.2016 and extended further to 30.06.2016.
The District Collectors were given detailed instructions to conduct this 'Drive'. This Programme involved various Public representatives viz., Grama Sarpanchs, Ward Members etc.
4. I submit that with the efforts of the Teachers, Inspecting Officers, Parents, School Management committees and Pubic Representatives CP 532/2013 5 of the Local Bodies of the villages, the Enrolment has been increasing in certain Schools.
5. As per the data available up to 30.06.2016, the students have enrolled in 271 Zero Enrolment Schools of the State out of 398 Schools i.e. 68% of the Schools. Out of these 271 Schools, in 143 Schools English Medium is introduced in Class-I. This is a substantial improvement. I submit that during the Academic Year 2016-2017, the State Government has introduced English Medium in 4073 number of Schools at Primary Stage consequent on the demands from the Parents of the Children.
6. I submit that the State is further making all efforts to improve the quality of Teaching & Infrastructure in the Government Schools.
7. I submit that, detailed reviews have been held District-wise, Constituency-wise in the State regarding the available Infrastructure and gaps in the Infrastructure in the Schools in the State and the District Collectors along with the Elected Representatives have been requested to supplement the efforts of the Education Department and the State Plan Funds/Centrally Sponsored Scheme Funds of the Education Department by mobilising funds at the District level under various Schemes and through the Crucial Balance Funds available at the District level apart from the Special Development Funds with the District Incharge Ministers. We have also requested the Collectors to mobilise funds under the Corporate Social Responsibility (CSR). Not only this, the Elected Representatives have also been requested to contribute from their MPLADS/Constituency Development Fund for improving and strengthening the Government Schools in the State.
8. I submit that for improving the quality of teaching, detailed Academic Calendar has been issued to all the Schools which highlights Month-wise Academic Programme which includes Syllabus Distribution, Examination Schedule etc., it is also lays down clearly the Schedule for the conduct of SMC Meetings, Observing certain important Days besides giving Guidelines to the Headmasters on School Management and Conducting of Review Meetings and sending of Reports etc. The State Council of Education Research and Training (SCERT) is also taking up the following CP 532/2013 6 steps to further improve the Academic Input in the schools:-
• Designing Training Programmes for the Headmasters on School Leadership and Management for leading the Staff and the School.
• Designing Teacher Handbooks and Training Programmes for the subject Teachers on content, pedagogy and assessment procedures i.e. Continuous Comprehensive Evaluation (CCE).
• Guidelines to the Field Staff i.e. Mandal Education Officers, Deputy Educational Officers and District Educational Officers on School Monitoring and Supervision and on job support to the Teachers.
• Drafting State Monitoring Teams to the Schools in all the Districts to observe the functional aspects of the School, Classroom Teaching/Practices and Children Performance on Expected Outcomes.
9. The Department is introducing Biometric system in a phased manner in the Schools in the State to ensure better attendance of the Teachers and the Students. In this regard the remote Schools and the Schools which are vulnerable with low attendance of Teachers and Students are being taken up first.” Though an affidavit has been filed, yet it is necessary that the State shall file a scheme how to eradicate the problems that is crippling the system of education in the State. Let the scheme be filed before this Court within four weeks hence.
At this juncture, Mr. Sravan Kumar, learned counsel appearing for the impleaded respondent, namely, Telangana Parents Foundation, has submitted that the teachers in the State have been sent on deputation to work with the members of the State Legislative Assembly and Ministers.
CP 532/2013 7Mr. P. Vishwanath Shetty, learned senior counsel appearing for the State of Telangana, per contra, would contend that the said practice has stopped and the persons who were sent on deputation have been withdrawn. We must state without any kind of hesitation that teachers could not have been sent on deputation to function as Private Secretaries of the members of the Legislative Assembly or Ministers. If anyone is deputed, he must be immediately sent back and an affidavit to that extent be filed by the next date of hearing.
Another aspect that has been highlighted by Mr. Sravan Kumar is that 90% posts in the supervisory cadre has not yet been filled up, as a consequence of which the schools are not being supervised. It is an age old tradition that the schools are supervised by the higher authority.
The Chief Secretary of the State of Telangana shall file an affidavit as to why so many posts remained vacant in the supervisory cadre and how long the State will take to fill the said vacancies. The affidavit shall also state with regard to the progress made in respect of the filling up of posts of teachers.
Let the matter be listed on 7th September, 2016.
(Chetan Kumar) (H.S. Parasher)
Court Master Court Master