K.R.Adhikari, J. - (1.)Initially this petition under Article 226 of the Constitution of India was presented before the Gwalior Bench of this Court, but on amendment of the petition dt. 23-9-1981, the constitutional validity of Fundamental Rule 11 was questioned and therefore, the petition was transferred for hearing to the main seat of this Court at Jabalpur in accordance with, the order passed in exercise of the powers conferred by the proviso to the Notification No. . 16/20/68-Judl. III dated 28-11-1968 under Section 51 (2) of the States Recoganisation Act, 1956.
(2.)The petitioner Devendranath Gupta in his capacity as a teacher as well as Secretary of the Divisional Teachers Union, Gwalior, claims a writ in the nature of mandamus directing the respondents not to take any work from the teachers other than 'teaching' and claims quashing of all such instructions/orders issued by the respondents which are violative of fundamental rights guaranteed under the Constitution of India and/or violative of Article 23 of the Constitution of India. The Petitioner also seeks striking down of the provisions of the Fundamental Rule 11 as unconstitutional.
(3.)The facts leading to this petition are that the teachers who are members Of the Union are working either as Lower Division Teachers or Upper Division Teachers in the pay scale of Rs. 169-300 and Rs. 246-460 respectively and that they have been recruited and appointed "to teach" but very often are made to perform such duties which are not in keeping with their dignity or educational qualifications or status in the society, and more often than not, without any remuneration. The examples which have been cited are instructions issued with regard to educational survey, family planning (Annexures A and B with the petition), preparation of voters' list (Annexure C with the petition), general elections (Annexure D with the petition) and preparation of ration cards (Annexure E with the petition).