Excelsior Correspondent
SRINAGAR, Nov 22: High Court today directed Director School Education, Tariq Ali Mir, to remain present in the court on Monday to explain why a Primary School in Bandipora district is deprived of two teachers since 2011.
A Single Bench of the High Court comprising Justice Ali Mohammad Magray in its order also directed Registrar Judicial to opt for coercive method if the Director fails to appear on his own. “There is no option but to direct the Director to remain present on Monday to explain why Muslimabad Ward 13 is deprived of teachers,” the court observed.
High Court was dealing with a matter of filling up of two posts under Rehbar-e-Taleem scheme in Upper Primary School (UPS) Muslimabad. The Education Department had initiated a process of filling up of two posts of ReTs but kept it pending.
The Single Bench said the department has adopted unfair approach in the case thereby violating the fundamental rights of children of the village which are guaranteed under the constitution.
Bench was hearing a petition wherein petitioner submits that he had applied for the post of ReT in pursuance of advertisement notice (dated 27, May 2011) and during its pendency had withdrawn the candidature in favour of one Firdous Ahmad on the ground of being handicapped.
Referring to article 21-A of Constitution of India, Single Bench said Right of Education is guaranteed right under the constitution. “The state shall provide free and compulsory education to all children of age of 6 to 15 years in such manner as the state may, by law determined,” court said while hearing the case.
Court also observed that there is no scope under law for the respondent (Education Department) to keep the process of selection pending if once initiated.
The bench reiterated that the objective of the ReT scheme launched by the authorities is only to ensure the availability of teachers on fast track mechanism of selection in areas where teachers are not available.
Justice Magray said the respondents have failed to adhere to the provisions of scheme which is detrimental to rights and interests of children of the village where the school is located.
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