38 Education Guarantee Schools were converted into primary - TopicsExpress



          

38 Education Guarantee Schools were converted into primary schools and posts of Gurujis were upgraded to the posts of Contract Teachers and were further upgraded to the post of Adhyapaks under the provisions of M.P. Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 1997, M.P. Municipality Shiksha Karmi (Recruitment and Conditions of Service) Rules. 1998, M.P. Panchayat Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005, M.P. Nagariya Nikaya Shala Shikshak (Employment and Conditions of Contract) Rules, 2005 and M.P. Panchayat Adhyapak Samvarg (Employment and Condition of Service) Rules, 2008 respectively. The Primary Schools and the Middle Schools are sitaute in rural and tribal areas. 26. The Adhyapaks of local bodies, Upper Division Teachers and Head Masters of Middle Schools are imparting education to students in rural and tribal areas and are well versed and are accustomed to living in such areas. Therefore, such persons would be able to effectively discharge the duties of the post of Area Education Officers, namely, supervision of Primary and Middle Schools which are sitaute in rural/tribal areas. A person from a different background may not be able to work in the remote, rural and tribal area. It is worth mentioning here that petitioners before us are either the employees of School Education Department or of local bodies. In other words, no other person has made any grievance with regard to limited examination. The object of holding the limited examination is to ensure 39 that the persons who have the experience of working in remote rural and tribal areas are selected as Area Education Officers so that such officers are able to effectively discharge their duties. Therefore, no fault can be found with action of the respondents in holding limited examination.No provision of law has been brought to our notice that limited examination must be held only by the Public Service Commission. On the other hand, 1982 Rules, as amended by the notification dated 22.8.2013, provide that limited examination under the 1982 Rules can be held by an Authority which may be authorized by the State Government. Admittedly, the State Legislature is competent to frame such a rule, as no challenge has been made to the authority of the State Legislature to amend the 1982 Rules. As we have already held that M.P. On-line Limited is an authority authorised by the State Government to hold the examination as provided in Rule 11-B(2) of the 1982 Rules, therefore, it is not necessary for us to dilate further on the issue whether the examination ought to have been held through Public Service Commission. 27. Before proceeding further it is apposite to notice few well settled legal propositions expounded by the Supreme Court with regard to matters relating to creation of posts, formation, structuring/ re-structuring of cadres, prescribing source/mode of recruitment as well as scope of judicial review in such matters. 28. In Ganga Ram (supra) the Supreme Court has held that 40 mere pointing out inequality is not enough to attract the constitutional inhibition because every classification is likely in some degree to produce some inequality. The State is legitimatley empowered to frame rules of classification by securing the requisite standard of efficiency in services and the classification need not be scientifically perfect or logically complete. In applying the wide language of Articles 14 and 16 to concrete cases a doctrinaire approach should be avoided and the matter has to be considered in a practical way. Of course, to be outside the vice of inequality, such classification must, however, be founded on an intelligible differentia which on rational grounds distinguishes persons grouped together from those left out.
Posted on: Mon, 08 Sep 2014 16:54:10 +0000

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