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Showing contexts for: devolution of powers in The State Of Bihar vs The Bihar Secondary Teachers Struggle ... on 10 May, 2019Matching Fragments
“243G Powers, authority and responsibilities of Panchayats. – Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to –
“243W. Powers, authority and responsibilities of Municipalities, etc. – Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow – “(a) The Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to –
If the State Government has framed a policy/scheme for evolving a way of balancing between the requirement of teachers and the financial liability together with devolution of power to the Panchayats, the Court would not interfere and disturb the equilibrium.”
19. Around this time, several other writ petitions were filed, being aggrieved by the differential treatment, where the Niyojit Teachers appointed under Rules of 2006 were not been given the same pay-scales and were differentially treated. These petitions highlighted denial of concept of “equal pay for equal work” and challenged the validity of relevant provisions of 2006 Rules. The matters were taken up by the Division Bench of the High Court, the lead matter being CWJC 21199 of 2013 filed by the Bihar Secondary Teachers Struggle Committee, Munger. Civil Appeal No…… of 2019 @ SLP(C)No.20 of 2018 etc. State of Bihar and Ors. vs. The Bihar Secondary Teachers Struggle Committee, Munger & Ors.
On one hand it was the goal set out under Article 21A which was sought to be effectuated by the spread the education and on the other hand, the idea was devolution of powers to Panchayats in terms of Parts IX and IXA of the Constitution. The peculiar situation in Bihar was that at least 12% of the children were not being educated at all. This was essentially because of inadequate number of schools and inadequate number of teachers. This was sought to be remedied by appointment of one lakh Shiksha Mitras initially to cater to rural areas. The challenge to bring those 12% children who were outside the schools into the stream of education itself required tremendous efforts and consequent constraints on budgetary allocations. It is in this background that the attempts on the part of the State must be seen.