The Allahabad High Court has sought complete instructions from the state government on the petition challenging ClauseIV of the Government Order dated 21.3.2023 issued by the State Government regarding the renewal of part-time instructors working in Upper Primary Schools, run by the Basic Education Board, UP.
A Single Bench of Justice Manjive Shukla passed this order while hearing a petition filed by Shailendra Singh and 33 Others.
Counsel for the petitioners has submitted that the petitioners are working on the posts of Part Time Instructor in Upper Primary Schools, run by the Basic Education Board, U.P Petitioners, through the Writ Petition have challenged ClauseIV of the Government Order dated 21.3.2023 issued by the State Government wherein it has been provided that on the first step renewal of the contract of the Part Time Instructors will be made only in those Upper Primary Schools where the strength of the students is more than 100 and where already Part Time Instructors are working with a condition that the said renewal shall be made against the vacant posts.
Counsel for the petitioners has invited attention of the Court towards IIIrd Schedule appended to ‘Right of Children to Free and Compulsory Education Act, 2009′ and has submitted that in the said Schedule there is provision that in all Upper Primary Schools where the students’ strength is more than 100, compulsorily Part Time Instructors for subject Art Education, Health and Physical Education and Work Education are to be appointed.
Counsel for the petitioners has vehemently argued that the aforesaid Act of 2009 has overriding effect and, therefore, it is binding on State Authorities.
Counsel for the petitioners has also argued that though in every Upper Primary School having students’ strength more than 100, Part Time Instructors like petitioners are to be appointed but instead of doing so, the State Government while doing renewal of the existing Part Time Instructors has taken decision that the renewal would be done only in Upper Primary Schools having more than 100 students and where Part Time Instructors were working and posts are vacant.
Counsel for the petitioner, on the basis of the aforesaid submission, has submitted that if the State Government is permitted to implement the aforesaid policy contained in the Government Order dated 21.03.2023 then most of the Part Time Instructors like petitioners will not be able to get their term renewed, which is contrary to the provisions of the Act of 2009.
The Court directed the Standing Counsel may obtain complete instructions in the matter.
The Court has fixed the next hearing of the petition on July 12, 2023.