Madhya Pradesh High Court
Pradeep Kumar Sharma vs The State Of Madhya Pradesh Thr on 1 February, 2016
1
W.P.No.175/2016
(Pradeep Kumar Sharma vs. State of MP & ors)
01-02-2016
Shri S.K.Sharma, Advocate for the petitioner.
Shri Praveen Newaskar, Government Advocate for
the respondents/State.
This writ petition under Article 226/227 of the Constitution of India is directed against the order 04/01/2016 (Annexure P/1). The District Education Officer, Sheopur with prior approval of the Minster-in-charge has issued the order impugned whereby 17 persons serving either as senior teachers or lecturers have been transferred and posted within the same district. Petitioner is serving as senior teacher (Physics) in the Government Girls Higher Secondary School, Vijaypur has been transferred to Model School, Vijaypur.
It appears that the State Government has formulated a comprehensive policy dated 22/8/2015 (Annexure P/2) addressed to all Collectors, all Chief Executive Officers, Zila Panchayats and; all the District Education Officers in the State of Madhya Pradesh for the purpose of establishment and filling up of various posts in Excellent Higher Secondary Schools and Model Schools at the district level and block level, in furtherance of securing right to qualitative education to the rural population. The scheme inter alia provides the procedure for appointment of principals and teaching staff in such 2 W.P.No.175/2016 (Pradeep Kumar Sharma vs. State of MP & ors) schools. Clause 2.2 contemplates that the State Government shall appoint the Principals in Excellent Upper Secondary Schools and the Model Schools at the block level. That apart, as per clause 2.4 if such schools are situated within municipal limits, teaching staff in such schools shall be filled up from amongst the regular Lecturers or Senior Teachers of other schools within the same municipal limits and likewise, if the school is situated in the rural areas, the vacant post shall be filled up from amongst the Senior Teachers and Lecturers working in Zila Panchayat in the same district.
In the instant case, the petitioner serving as senior teacher (Physics) in the Government Girls Higher Secondary School, Vijaypur has been transferred to Model School, Vijaypur.
Having perused the policy, Annexure P/2 and the undisputed facts that various schools within the territorial limits of the rural area and municipal area are governed and regulated by the State Government, besides, the sanctioned strength of the teachers in each school are controlled and regulated by the State Government, the budget and annual accounts though prepared by the panchayat and local body but the State Government exercises the power of control and approval as regards allocation of funds and the funds so allocated by the State 3 W.P.No.175/2016 (Pradeep Kumar Sharma vs. State of MP & ors) Government are utilized by such bodies for various activities including the salary of teachers, I may also refer to the provisions of section 86 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. Under such circumstances, the State Government has in fact and in effect has pervasive control over the Panchayats. The Panchayats are bound to comply with the directions issued inter alia directing the Panchayat to perform duty imposed upon it if in the opinion of the State Government or the prescribed authority, the same is necessary in public interest. Even in the matter of appointment of teachers within the territorial limits of the panchayat or local body, a representative of the State Government shall participate as a member in the matter of selection. Appellate authority in respect of the cadre of teachers consisting of senior teacher, teacher and assistant teacher is the concerned Collector in the District.
Therefore, in the opinion of this Court, the schools either run within the local body or zila pnchayat are controlled and funded by the State Government. The aforesaid order impugned dated 04/01/2016 (Annexure P/1) passed to achieve the goal of right to quality education to children at large pursuant to the policy of the State Government dated 22/8/2015 (Annexure P/2), in the opinion of this Court does not suffer from any illegality or 4 W.P.No.175/2016 (Pradeep Kumar Sharma vs. State of MP & ors) jurisdictional error. Therefore, no exception thereto can be taken while exercising the extra ordinary jurisdiction under Article 226 of the Constitution of India. The contention of the petitioner that 'Vijaypur' mentioned in column Nos. 5 and 6 of the order impugned (Annexure P/1) are in different limits of areas of "Vijaypur" appears to be more of a frustration than that of substance having no factual foundation.
Writ petition sans merit and is hereby dismissed.
(Rohit Arya) Judge b/-