Rajasthan High Court - Jodhpur
Pooja Rani & Ors vs State & Ors on 16 August, 2016
Author: Govind Mathur
Bench: Govind Mathur
(1)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
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D.B. CIVIL WRIT PETITION (PIL) NO.7900/2016
Pooja Rani & Ors.
Vs.
Sate of Raj. & Ors.
Date of Order : 16.08.2016
PRESENT
HON'BLE MR. JUSTICE GOVIND MATHUR
HON'BLE MR. JUSTICE KAILASH CHANDRA SHARMA
Dr. Nikhil Dungawat for the petitioners.
Dr. P.S. Bhati, Additional Advocate General with
Mr. S.S. Rathore for the respondents.
ORDER
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BY THE COURT:
By a circular dated 21.04.2016, the Government of Rajasthan issued certain instructions about allotment and rationalization/postings of teaching staffs in Government schools. Para-6 of the circular aforesaid pertains to allotment of Physical Training Instructor Grade-III in upper primary Government schools. As per Clause-e of para-6, aforesaid no full time physical teacher shall be allotted to schools where enrollment of students is less then 120. In such schools services of general teachers shall be utilized as part time Physical (2) Training Instructor.
In the instant petition for writ, a challenge is given to the decision referred above. The petitioners who are represented by their guardians, are minor students at the Government schools having enrollment of students less than 120.
It is stated that decision impugned is discriminatory as just by counting heads of the
students, the respondents shall be providing teaching staff at the schools. It is asserted that the physical education is an important discipline of teaching and that cannot be ignored to any group of students for irrational reasons. According to the petitioners all the students up to primary school level enrolled with Government Schools form one homogeneous class and, therefore, no discrimination is permissible among them while making allotment of teaching staff on basis of the strength of the students. According to learned counsel for the petitioners, the decision of the respondent State is discriminatory and also in conflict with the public interest that is of having good physical education at primary and upper primary level which ultimately gives foundation to extra ordinary sports persons. (3)
A reply to the writ petition has been filed on behalf of the respondent State stating therein that the circular dated 21.04.2016 pertains to a policy framed by the State Government to meet the immediate exigency relating to teaching staff to which the Government of Rajasthan wants to utilize at optimum. The Physical Training instructor Grade-III, as per learned Additional Advocate General, though are in adequate number but still looking to the sanctioned strength, the decision was taken to utilize their services for maximum number of students. Necessary details in this regard too have been given in reply to the writ petition. According to the respondents, in the State of Rajasthan, the total number of Government Schools is 53769 having enrollment of 3912588 students. The total sanctioned strength of Physical Training Instructor is 5129 and against that 3991 Instructors are working. To rationalize optimum use of Physical Training Instructors, the decision as per para- 6 of the policy was taken and on it's implementation 650253 students are getting physical training against 540256 students as prior to implementation of the policy. It is also pointed out that the State Government desires to extend physical education with the present resources to 1499183 enrolled students and this will be (4) done by filling in the remaining existing vacancies as earliest. It is also pointed out by the learned Additional Advocate General that the upper primary schools where number of students is less than 120 are also not being left out of physical training where the services of general teachers shall be utilized as Physical Training Instructor. A general teacher, as per learned counsel, too possess basic knowledge of physical training as per the curriculum of Bachelor of Education/Basic School Teacher Certificate. Learned Additional Advocate General, while referring the fact stated above, also ensured the court that the State Government shall make all necessary efforts to increase the sanctioned strength of Physical Training Instructor to provide physical training to each and every students but that shall be subject to the resources available.
In view of whatever stated above, we do not find any just reason to interfere with the policy decision taken by the State of Rajasthan being the same not unjust, arbitrary or unreasonable in any manner. The writ petition is dismissed accordingly. (KAILASH CHANDRA SHARMA),J. (GOVIND MATHUR),J. Ramesh/- I.No.27