- (1.) HEARD Sri D.P.Shukla, learned counsel for the petitioner and Sri Sanjay Goswami, learned Standing Counsel for the respondents. As requested and agreed by learned counsel for the parties, we have heard this matter finally under the Rules of the Court at this stage.
(2.) PURSUANT to this Court's earlier order Sri Devesh Chaturvedi, Secretary, Secondary Education and Sri Sunil Kumar, Principal Secretary are present and for clearing certain factual aspects, have also placed relevant Secretariats record dealing with posting and transfer of Additional Directors and Directors in Education Department on the respective posts, for our perusal. This writ petition has been filed by a public spirited person, bringing to the notice of this Court, a strange but typical practice, frequently observed by State Government and particularly Education Department, where a single person is given charge of more than one post and sometimes of two different Departments, which result, not only in eroding and reducing efficiency of these persons in performance of such posts but also cause serious prejudice to general public and loss to public exchequer, inasmuch as, due to deficient performance on all such posts, various public works of general and special interest suffer. It is also complained that, in fact, this practice is followed to give undue advantage, encourage corruption and to favour a few blue eyed person though other eligible, competent officers are not being given due postings for the reasons, lacking bona fide on the part of authorities of the Government.
(3.) THE petitioner has confined factual details in respect of the Department of Education. It has asserted that Primary Education is now recognized as fundamental right of children from 6 to 14 years, or up to Class VIII. Besides constitutional amendment, Parliament has also enacted Right of Children to Free and Compulsory Education, Act, 2009 (hereinafter referred to as "Act, 2009" ), whereunder such a fundamental right of children has not only been recognized but provisions have been made to give effect thereto and implement, in words and spirit. In the last more than 60 years of independence, population has increased multi-fold but despite heavy budgetary allocation, literacy rate has not increased proportionately and still a very large number of population is not only illiterate but at the national level, only 15 per cent of students reach High School and this is much less at State Level.;