The Bombay High Court disposed of a Public Interest Litigation (PIL) filed regarding the deficiencies existing in non-filling of the posts of teaching and non-teaching staff, non-maintaining the Pavitra Portal for Urdu medium teachers.
The grievance of the Petitioner is that the basic facilities of the benches are not being provided with. Reliance is placed by the counsel on the various affidavits filed from time to time to contend that there are 55 vacancies of the teaching staff and also non-availability of the basic facilities.
It is also further submitted that the class-rooms are also not available. In Jadav Wadi School 300 students are being taught in one class-room.
The contention of the counsel for the respondent is that the staff has been filled in every school. As far as Jadav Wadi School is concerned, the school would shift in the new building on 1st June, 2023. It is submitted that the required facilities of benches have been provided to the students. The teaching and non-teaching staff has been filled in as admissible and sanctioned. The class-rooms exist for all the students.
The Division Bench of Acting Chief Justice S.V. Gangapurwala and Justice Sandeep V. Marne held that primary education is now held to be a fundamental right of the children aged between 5 to 14 years. As primary education has been brought within the contour of fundamental right, it is the duty of the State and its instrumentalities to provide for the education with all attending facilities and requirements. The Education Officer is the supervisory head. He has to see that all the necessary facilities are provided with. The recruitment is being done as per the roster. The roster will have to be followed.
One of the grievances is that Pavitra Portal is not being maintained in respect of Urdu medium teachers. The bench noted that if Pavitra Portal is not being maintained for Urdu medium teachers, the same shall be maintained. Immediate action shall be taken in respect of the same and the Pavitra Portal shall be made operational for Urdu medium teachers also within a short time.
“The Education Officer is expected to verify that appointments are being made about teaching and nonteaching staff as per roster and as per the sanctioned posts. The duty is cast upon the Education Officer. If required number of posts are not being filled, then necessary directions shall be issued by the Education Officer to the Municipal Corporation. The Municipal Corporation shall provide for all the basic facilities, as such benches, class-rooms, adequate teachers and the non-teaching staff. In case there are some vacancies, the Corporation shall take steps to fill the same as per the sanctioned posts”, the Court directed.
Bombay High Court disposes of plea highlighting vacancies of teaching, non-teaching staff in Maharashtra schools
