RUMI GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Government of India, Ministry of Human Resources Development Department, with a view to ensuring free and compulsory education for all children, up to the age group of 14 years, adopted various schemes as an integral part of universalization of elementary education, under 'Sarva Sikshya Abhiyan', commonly known as 'SSA', namely, Non-formal education, District Primary Education Programme, popularly known as 'DPEP' Alternative Schooling, commonly called 'AS', etc., but since these programmes could not cover all the children of 6-14 years age group, the Government of India, Ministry of Human Resources Development Department, adopted a new scheme, known as Education Guarantee Scheme, which is called and knows as 'EGS'. Under the EGS, EGS centres were required to be set up in those areas, where no schooling facilities existed within a radius of 1.5 Kilometer and where, at least, 15 children, in the age group of 6-14 years, were not going to school. In exceptional cases, however, EGS centres could be established even for 10 children. The Government of Assam signed a Memorandum of Understanding (MOU) with the Department of Elementary and Literacy, Government of India, for implementation of the EGS. The funds of EGS were shared in ratio of 75:25 between the Central and the State Governments. The EGS centres were to be upgraded to the level of formal schools.

(2.) The EGS centres were funded under the SSA and were manned by, Village Education Committee (in short, 'VEC'). Under the EGS, one Education Volunteer (Sikshya Mitra) was to be appointed in every EGS centre and a Sikshya Mitra was to be selected by the concerned VEC. The EGS prescribed the qualification, for appointment of Sikshya Mitra by laying down that a Sikshya Mitra must have passed higher secondary or equivalent exam from a recognized Board/Organization.

(3.) What was, however, important is the fact that a candidate, for appointment as Sikshya Mitra, ought to have been from the concerned Gaon Panchayat.