Madhya Pradesh High Court
Rajpatrit Pradhandhyapak Pradeshik ... vs Shri Basant Prat4Ap Singh Chief ... on 9 July, 2018
1
THE HIGH COURT OF MADHYA PRADESH
CONC-1803-2018
(RAJPATRIT PRADHANDHYAPAK PRADESHIK SANGH SAMITY Vs SHRI BASANT PRAT4AP
SINGH CHIEF SECRETARY & ANOTHER)
Gwalior, Dated : 09.07.2018
Shri A.S. Tomar, learned counsel for the
petitioner.
Heard on admission.
Alleging willful disobedience of order dated
20.03.2018 passed in writ petition No. 3677/2017,
petitioner has filed this petition seeking action against
the respondents.
The writ petition, which was a Public Interest Litigation at the instance of present petitioner, was disposed of in the following terms:
"The petitioner, pro bono, seeks direction to the State of Madhya Pradesh to not to depute the teachers on the duty other than the teaching, contrary to the stipulations contained in the Right of Children to Free and Compulsory Education Act, 2009 (for brevity "2009 Act").
On 22.09.2017, by way of interim relief, it was directed that the teachers involved in the process of elementary education posted in the nine districts falling within the territorial jurisdiction of Gwalior Bench of High Court of Madhya Pradesh shall not be deployed for any non-educational purposes except census work, disaster relief duties or duties relating to elections in the local authority or the State Legislatures or Parliament in terms of Section 27 of 2009 Act.
When the matter is taken up today for hearing, learned counsel for the State submits that the interim order dated 22.09.2017 is 2 being adhered to in letter and spirit.
Section 27 of 2009 Act prohibits deployment of teachers for non-educational purposes. It stipulates:
"27. Prohibition of deployment of teachers for non-educational purposes.- No teacher shall be deployed for any noneducational 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."
In view whereof, the present petition is disposed of with a direction to the respondents/State to not to deploy teachers for noneducational 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, in the State of Madhya Pradesh."
It is contended that the Joint Collector, Gwalior cum Election Registration Officer by order dated 15.05.2018 has deployed teachers in relation to election. It is on the anvil of this order, the petitioner has filed this contempt case for initiation of contempt proceedings against respondents.
Order which is being said to be disobeyed is on the basis of statutory stipulations contained in Section 27 of the Right of Children to Free and Compulsory Education Act, 2009. Apparent it is that it is within the competence of the authority concerned to deploy the teachers for the duties relating to election.
In view whereof, since the teachers have now 3 been deployed for the duties relating to election, no case is made out of willful disobedience of the order dated 20.03.2018 passed in writ petition No.3677/2017.
Even a reference to letter dated 24.07.2017 issued by Principal Secretary, Tribal Welfare Department, Government of Madhya Pradesh and the letter dated 11.06.2018 issued by Principal Secretary, Janjatiya Karya Vibhag, as made, is of no assistance as the same will not have overriding effect on the provisions contained in Section 27 of of the Right of Children to Free and Compulsory Education Act, 2009.
As no case of willful disobedience is made out, petition fails and is dismissed.
(Sanjay Yadav) (Ashok Kumar Joshi)
Judge Judge
Aman
Digitally signed by AMAN TIWARI
Date: 2018.07.10 18:25:26 -07'00'