Himachal Pradesh High Court
Rajneesh Paul vs . State Of H.P. & Ors. on 28 December, 2022
Bench: Tarlok Singh Chauhan, Virender Singh
Rajneesh Paul vs. State of H.P. & ors.
Ex. Petition No.41 of 2022 .
28.12.2022 Present: Mr. Devender K.Sharma, Advocate, for the petitioner.
Mr. Anup Rattan, Advocate General with Mr. Vinod Thakur & Mr. Shiv Pal Manhans, Additional Advocate Generals and Mr. Bhupinder Thakur, Deputy Advocate General & Mr. Rajat Chauhan, Law Officer for the respondents-State.
Heard. We appreciate the efforts being made by the Director of Elementary Education in exploring the possibilities other than the biometric devices placed in the schools, where in most of the cases, biometric devices are out of order as is evident from the compliance report dated 27.12.2022, relevant portion whereof reads as under:-
In compliance to the order of Hon'ble Court dated 27.12.2022, it is respectfully submitted that the Elementary Education Department has set up 4,474 biometric devices (one per each school) through HPSEDC, in its first place of allocation in 2019. These devices are currently either not activated or have gone out of their warranty period. The department has already sent a request to the HPSEDC in this regard on 19.12.2022 for the activation, extension of warranty and repair (if needed) of these biometric devices. The department will prepare a consolidated proposal once the financial estimates are received from HPSEDC.
It is further requested that the Department has also launched a pilot for recording online geo-fenced attendance through a mobile application, eSamwad. The pilot has been running successfully in two schools (GCPS Portmore and GSSS Phagli) in the Shimla District since 1.12.2022. While the pilot is easily scalable to all the schools, the unavailability of smart phones with a certain proportion of teachers will remain an issue. Reports have been received from the teachers regarding non-availability of smart phones.
::: Downloaded on - 30/12/2022 20:32:46 :::CISThe department is also exploring other options of linking fingerprint detection devices to the desktops available in .
the schools in the state where computer labs have been set up.
While this will ensure recording of attendance in schools, the remaining 7000 primary and middle schools which do not have desktops will not be covered under this proposal. There are no instructions available with the department vide which Gazetted Officers are exempted from biometric attendance."
2. However, at the same time, we are extremely at pain to note that majority of the biometric machines, which have been installed earlier, are yet to be repaired and in many of the schools, there are no such biometric machines.
3. It is high time that the Department of Education explores an alternate, on the same lines as the Director of Elementary Education.
4. This may be a true vision for the other departments of the Government so as to ensure that there is a foolproof system in place to make the attendance of all the employees working in the Government, Boards, Corporations etc.
5. At this stage, we deem it appropriate to implead the NIC through its Director, Shimla-2 as party respondent.
Ordered accordingly.
6. Issue notice to the newly added respondent. Mr. Bhupinder Thakur, Deputy Advocate General appears and waives service of notice on behalf of the newly added respondent.
::: Downloaded on - 30/12/2022 20:32:46 :::CIS7. The newly added respondent to suggest the ways and means to, at best, ensure 100% attendance through .
biometric system.
List on 11.01.2023.
(Tarlok Singh Chauhan) Judge th 28 December, 2022.
(pankaj/pathania)
to (Virender Singh)
Judge
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