Govt servants must send kids to govt schools: Allahabad HC

The court said its order should become operational from the next session, the court has sought a compliance report within six months.

Written by Prashant Pandey | Allahabad | Updated: August 20, 2015 1:59 am
school, govt schools, allahabad govt schools, govt officials govt schools, allahabad high court. allahabad news, india news The court said its order should become operational from the next session, the court has sought a compliance report within six months.

The Allahabad High Court has directed the Uttar Pradesh Chief Secretary to work out the modalities, within six months, to ensure that all government servants send their children to primary schools run by the state basic education board. The list includes members of the judiciary, government officials, semi-government employees, employees of local bodies and representatives of people.

A single judge bench of Justice Sudhir Agarwal passed the order on Tuesday, a copy of which was released today. Stating that its order should become operational from the next session, the court has sought a compliance report within six months.

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“The chief secretary, UP government, is directed to take appropriate action in the matter in consultation with other officials responsible in this regard to ensure that the children/ wards of government servants, semi-government servants, local bodies, representatives of people, judiciary and all such persons who receive any perk, benefit or salary etc from the state exchequer or public fund, send their child/ children/ wards who are in the age of receiving primary education to primary schools run by the board,” said the court.

The court said there should be penal provisions to ensure that such persons are “compelled necessarily” to send their children to these primary schools. As an illustrative example, the court said such persons would be forced to contribute an amount equal to the fee paid in private schools. This money could be used to improve the basic infrastructure of primary schools, it said.

It said this would ensure that the officials concerned become aware of the problems at the basic education level. Otherwise, the court said, they would not care as they have access to private education.

“It will also boost social equation. It will give an opportunity to children of common men to interact and mix with children of so-called high or semi-high society, giving them a different kind of atmosphere, confidence and other opportunities. This would give a boost and bring revolution in changing society from grassroot level,” it said.

“It is not difficult to understand why the condition of these schools have not improved… There is no real involvement of administration with these schools. Any person who has some capacity and adequate finances sends his child/ children to elite and semi-elite primary schools, whether it is the district collector or the police chief or any other government servant,” it said.

The court passed the order while disposing of a bunch of petitions pertaining to appointment of assistant teachers in junior primary schools and senior primary schools. The petitioners had challenged various rules and amendments made in the recruitment process for these teachers.

The court blamed the “lack of accountability and casual approach” on the part of officials of the basic education department for the “mindless, negligent, casual amendments in rules.”

“A competition is going on for political reasons to make lakhs of vacancies available in primary schools as a source to create committed voters by appointing persons, if not illiterate, but not really competent to teach children of primary school,” the court said.

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First Published on: August 20, 2015 1:58 am
  1. A
    Ankit
    Aug 21, 2016 at 4:41 pm
    Has this been implemented yet..Cannot see any news on this now.
    Reply
    1. A
      Anand
      Feb 23, 2016 at 3:55 pm
      What happens when only one parent is Govt emplo and the other parent is self emplo.? Will they need to send half of children to Govt schools or in case of only one child will they need to cut the child and sent one half to Govt school and the other half to wherever the self emplo partner like?.
      Reply
      1. R
        rama
        Feb 24, 2016 at 8:12 am
        We need to get the govt school working properly, teachers to teach properly. Thats all we need. Easy.
        Reply
        1. A
          American Muse
          Aug 21, 2015 at 11:17 pm
          India sure needs an activist judiciary when the rest of its polity is corrupt and venal. Jai Hind for the judge!
          Reply
          1. A
            Abhinav Srivastava
            Aug 22, 2015 at 12:57 pm
            Judicial Overreach This is clearly a case of judicial overreach. Where is the law which requires government servants to send their children to government schools ? It is in violation of the Supreme Court judgment in Divisional Manager, Aravali Golf Course vs. Chander Haas ( see online ) which says that Judges must not ordinarily encroach into the domain of the legislature or executive. Legislation is the task of the legislature. Here the Judge has legislated, and also sought to enforce his legislation..
            Reply
            1. A
              Abhinav Srivastava
              Aug 22, 2015 at 12:58 pm
              Judicial Overreach This is clearly a case of judicial overreach. Where is the law which requires government servants to send their children to government schools ? It is in violation of the Supreme Court judgment in Divisional Manager, Aravali Golf Course vs. Chander Haas ( see online ) which says that Judges must not ordinarily encroach into the domain of the legislature or executive. Legislation is the task of the legislature. Here the Judge has legislated, and also sought to enforce his legislation....
              Reply
              1. A
                abhi
                Aug 20, 2015 at 8:38 am
                Very bad , unconsutional decision . The court has no right to dictate to people where to send their kids IN ANY SITUATION !! Such s become judges . It will be quashed by a higher court !! What is wrong with people ? Your rights are being taken away by illegal orders from whimsical s and you7 are celebrating ! What law did the judge cite to order this ? What law gives him the authority to do this ? Tomorrow , if a man throws garbage , instead of a fine , the court will ask him to become a safai karmachari ?? Grow up !
                Reply
                1. B
                  Biltu
                  Aug 22, 2015 at 7:57 pm
                  VERY GOOD DECISION. NETAS AND THE RICH SEND THEIR CHILDREN TO ENGLISH MEDIUM SCHOOLS AND STOP THE CHILDREN OF THE POOR FROM BECOMING FLUENT IN THIS MOST INPORTANT LANGUAGE.
                  Reply
                  1. z
                    zeitgeist2
                    Aug 21, 2015 at 8:59 am
                    JUDGEMENT ! THIS JUDGE GOT IT RIGHT ! kudos to the courts . Courts are the Devine deliverers in India today. God bless them . May their tribe increase !
                    Reply
                    1. M
                      Mallikarjun
                      Aug 23, 2015 at 7:38 pm
                      Greate decision... but.. only if it followed strictly..
                      Reply
                      1. P
                        Poor Mans
                        Aug 20, 2015 at 10:38 am
                        You must be that corrupt, irresponsible sarkari servent
                        Reply
                        1. D
                          deep
                          Aug 20, 2015 at 7:16 am
                          We should welcome and thanks to the judge, but can it be up held by supreme court it is challenged, supremecourt should p similar order to all states ,since the primary education in govt schools has been now worst condition because of bureaucracy ,politician and govt officials.can our Pinjara me band sher PM will take initiative to p on bill in parliament to revive the primary education in all states ,god knows we are fool public who voted him L
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                          1. P
                            Prodipto Ghosh
                            Aug 20, 2015 at 6:15 am
                            This is a clic example of judicial over-reach. Which school one may send one's children is a matter of the fundamental right of ociation. Promotion of social equity by this or other means is a matter of policy and legislation, and not of jurisprudence. I do not believe this judgment will stand higher judicial scrutiny, and if it does, would be overturned by the legislature. In any case is not enforceable. It only goes to reinforce the rapidly building confrontation between the judiciary on the one had, and the executive and legislature on the other. All of this is not to suggest that effective measures are not needed to raise the standard of government schools. But that is in the domain of the executive, not the legislature.
                            Reply
                            1. R
                              Raman
                              Aug 20, 2015 at 7:09 am
                              Good or bad. Equality or over reach, this would surely shake the pot, challenge the usual. Could prove to be a landmark. Curiously waiting for the next round.
                              Reply
                              1. R
                                Ravindra Sharma
                                Aug 21, 2015 at 5:57 am
                                Govt consists of three branches and judiciary is one of them so in stead of ping judgement judges should send their children and g children in Govt schools . Reality bites ----- PAR UPDESH KUSHAL BAHUTERE ----- Tulasidas , means preaching others is easiest .
                                Reply
                                1. G
                                  Girish Rao
                                  Aug 20, 2015 at 7:28 am
                                  A very good thought but difficult to implement. . . . Let there be no cl divides among school students all should recieve similar opportunity.
                                  Reply
                                  1. R
                                    Rupa Singh
                                    Aug 25, 2015 at 11:22 pm
                                    so u want that the children of rich also should not learn English properly instead of that the teaching of government schools also should be improved
                                    Reply
                                    1. S
                                      sacchadesi
                                      Aug 20, 2015 at 8:25 pm
                                      Amazingly ****** comment by the HC
                                      Reply
                                      1. A
                                        Amit Kumar
                                        Aug 22, 2015 at 4:36 pm
                                        Govt has three branches? and judiciary is one of them???????????????? Waah! Which school taught you this Sharma Ji? he he
                                        Reply
                                        1. C
                                          Chandrasekaran Venkataraman
                                          Aug 20, 2015 at 2:45 pm
                                          Just because the children are dependents of parents, does it mean they have no right whatsoever ?
                                          Reply
                                          1. V
                                            Vijaykumar
                                            Aug 24, 2015 at 10:35 pm
                                            I totally agree with the order of the court. In fact, Central Govt., themselves should p a suitable order in this regard.
                                            Reply
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