Karnataka High Court
Mahatma Jyotiba Phule Education ... vs The State Of Karnataka Ors on 26 September, 2011
Author: S.Abdul Nazeer
Bench: S.Abdul Nazeer
2311-« 3 And: The State of Kamataka, Represented by Secretary, Department of Primary Education, M.S.Building, Bangalore, The Commissioner of Public Instructions," A ,_ Government of Karnataka, Nrupatunga, . Road, Bangalore. ' " The Commissioner of Education"-Departmerit,_V Gulbarga Division, Gulbarga. V i The Chief Secretary, Zil'laV:Panchayat, ii . Gulbarga. " . ' The Director of «Public lnstrucitiorrs, . , V Government 1-of Fglamataka, Nrupatunga Road, Bangalore". . The iPu:blic Insitruction Stadium _Road,'--'G:1.1barga';t. The BBC) South iGulibarga.i V. Sedaim Respondents
'C '(By S1vi._j fl:/I.;_Ku1nar, ACA) "" " 'V ,. :f~4.,:' A._,v;v;;P.N0s.83725-83728/2011 V Between:
Ashokkumar S/o Venkatesh Joshi, H * : Age: 55 Years, Occ: Teacher, x _N'.'_V.L.P.S. R/o H.No. 10-453, Near Ram Mandir, Brahmapur, Gulbarga.
The Commissioner of Public Instructions, Government of Kamataka, Nrupatunga Road, Bangalore. The Director of Public Instructions; Government of Karnataka, ' Nrupatunga Road, Bangalore,' The Deputy Director of Public ln'structions; Stadium Road, GulbaIg3.« "
The Block Education Station Road, Gulbarga. ' Sharanabasavesh__wara','WH . .
Composite "Pre':Univer.sitjy Collegg, * V. Sharanagar; .Gu1barga,._: " .
Reptd. by it:$__l;lead'inaster'§V't~ p_ * V V Primary' Scho'ol; ' Gulbarga, Rep: its'H_e'adti1aster. Respondents (By Sri Kuiriaf, AGA for iii to R6) V':_BeCt'wee1n.VV 2 ' WiP§N0Vs.83787-83790/2011 S/o Vlairao Deshpande, A Age: about 46 Years, "Occg 'Assistant Teacher in N.V_. Girls Middle School, L " '=,_R/o"H.No. 11-366/39A, * . _ _Laxrni Narasimha Krupa, New Raghavendra Colony, Gulbarga. Gulbarga.
4. The Deputy Director of Public Instructions Stadium Road, Gulbarga.
5. The Block Education Officer, Station Road, Gulbarga.
6. Nutan Vidyalaya Society, Brahmapur, S.B.Temple Road, S Gulbarga, ~ ~. _ A .
Through its Secretary _ Respbndienits S' (By Sri. M. Kumar, AGA) These Writ Petitions 226 & 227 of the Constitution of "India, p'raying:,to'qu;as.h thenotification dated 20.08.2011 and These \}Jrit.:p'e.titions'corriingon for preliminary hearing this day, the C'ou.rt_Ap'as_sed1'1:tl,ie'followingr ~ . W Petitioners in all thes'eV.ca'ses were appointed as the Assistant , &Teacliersi_r1' the aidedprirnary schools situated in different parts of Gulbargav ..The Director of Public Instructions, Bangalore, hasiissued ainjotiiiication dated 20.8.2011 laying down the student Cteacher ratio to be maintained in the private aided schools and the A fGove'mment schools while transferring excess teachers from the i private aided schools. It states that excess teachers in the private aided schools shall be transferred to some other private aided Ci 5/ I2 145 of the Act authorises the State Government to make rul'e:s"'to carry out the purpose of the Act. In exercise of conferred under the said provision, the State Government hajs-made» I The Karnataka Educational Institutions"'(Recruitrnent and._ Te'rrns and Conditions of Service of Employeesiin Private and secondary educational lays down the qualification and ,.-condition'sii:of «service 'employees. It states that the categoriesiii'oif_."piostsigpv iP€lttern and the qualifications for rec11.1itment"t0' shall be as specified in :.VAVnnei<iure-V provides for standard st affing.,pattt--r:n,,_ is as under: I strength that is actual student , attendanceiin reachi'-class of the primary section from I i*~to;>_stan.dard i\i7lIvor~from I to IV or from standard V to 'v'..II,«.,a£:.rtb.e_ case may be, shall be 40 per class. for a class of 40 students, on post of A prirnarylschool teachers shall be sanctioned. However, i"n_a':.primary school with classes from I to IV or from i I to VII if the number of students in each class is less "than forty, then a maximum number of two teachers shall be sanctioned for a minimum total, student attendance of 80 irrespective of the number of children It
1. 16 in a school shall be made to serve in any other school or offic-e___or deployed for any non-educational purposes except for the 2, population census, disaster relief duties or duties"t.l.relatin:gt'to it elections to the local authority or tl:ie""State 'l.,Legislatu_re:s'*-or Parliament as the case may be. Clause (a),_oif'-Section'2.. defineiS--,_an_ll' 'appropriate Government' as underz'-».,,_ "(a) "Appropriate _
(i) in relation to a scihool'lliestablilsliedk'owned or controlled '_G_over'iiinent or the _a,driiinis%t:rLa,to1= of Union having no le,gisi]_aiture,llthe«CefitralGovernment,
(ii) iiii HVin..relatiolnll'toi:'a,.l.:schooll,lllother than the school 1 " reteiredltoilinrsluhgclause (i), established within the Teriitoiry: of-it i (/it)"a.,Sltate, the State Government; (3) a UnioriilTerritory having Legislature, the Government of that Union Territory."
10;,' 'Asvtioticed above, the pupil--teacher ratio in each school to be" maintained as specified in the Schedule, which is as __ 1i:1di'er:' % \ 19
13. It is to be noticed here that the petitioners challenged Annexure 'V' to Rule 3 of the Rules. impugned herein is not contrary to the _¢1fQr_e_said'.liul'es: \, Annexure 'V' referred to above except-,&to above. The decision taken by the'«-Ciovemmeiitp tof:maint.ain the teacher student ratio i.e. l:4O per far I toi class V is not contrary to any statutory" provisions to by the learned Counsel for the peti_tioners.,...TliCfState in its wisdom has taken a lmaijntain 'stu'dent ratio at 1:40 in private aided. "excess teachers in private aided a temporary measure, which islclear notification. I do not find any impropriety o'1'..arbitra'1fine*s_s irfthe said notification as contended by " '~ _ the ..learned CVounsel"fovr..th«e petitioners. he well settled that while exercising the power of judicial review of administrative action, the Court is not an X_" appellate authority and the constitution does not permit the Court to direct or advise the executive in matter of policy or to sermonize any matter which under the constitution lies within the sphere of ll 20 the legislature or the executive, provided these autho'rities'Adot'n'ot» if transgress their constitutions limits or statuary «power. _. iscopefof judicial enquiry is confined to the question'--.wjhether .tthe.Vdeci:.;ioniVV't taken by the Government is against_:a'n._y statutory is violative of the fundamental citizens' of isopposed to the provision of the Constitution. is that even if the decision talceni not appear to be agreeable to correctness of the reasons wh.ich"'proinpted_ the'G_V've1inrnen.f in decision making is not a matter, of. concevrii'-in'i judicial. review and the Court is not the appropriate'*--forumxfor"Asuch't-investigation. In matter of policy decisions "or exercise of discretion by the Government, so long as the .,infringement of fundamental right is not shown, Courts will i"1iavc_jn0VVoccasionto interfere and the Court will not and should not subs«titute'i'ts'own judgment and for the judgment of the executive G "in such matters. In assessing the propriety of a decision of the G' ,Gover--nment, the Court cannot interfere even if a second View is possible from that of the Government (See EKTA SHAKTI if GOVERNMENT OF NCT OF DELHI -
it 21
15. In the light of the above discussions, following: ORDER
(i) Writ petitions fail and are accor'ding_l_y '
(ii) However, the respondentaauthorivties .are_ --*to ensure that while transferring teache__rs'for':;1ass--VI«an_d 'yv/11, they should maintain the teacher stitiient-.rat;'§_o :atuN,o costs. Sd/-
JUDGE