Dipankar Datta , J. - (1.) The petitioners, permanent residents of villages within No-9 Rajapur Gram Panchayat in the district of Murshidabad, call in question the selection and consequent appointments of the respondents 8 and 9 as Siksha Samprasarak of Gobinda Mondalpara Madhyamik Siksha Kendra (hereafter the said MSK) on the ground that the impugned selection has been conducted in clear breach of the applicable guidelines laying down the procedure for appointment to Madhyamik Siksha Kendras.
(2.) To give effect to the national goal for universalization of elementary education and the continuing effort in the State of West Bengal to provide education to all children within the State, the State Government has formulated a policy for opening of Sishu Siksha Kendras for children in the age group of 5 + to 8 + and Madhyamik Siksha Kendras for children in the age group of 9 + to 13 +. Guidelines have been framed for effective functioning of such Siksha Kendras and the Secretary to the Govt, of West Bengal, Department of Panchayats and Rural Development along with his letter dated 10th July, 2003, while referring to the revised guidelines of Madhyamik Siksha Karmasuchi, laid down the mode of selection of Siksha Samprasarika/Samprasarak of Madhyamik Siksha Karmasuchi and forwarded the same to the District Magistrate, Murshidabad for strict compliance. The said guidelines lay down detailed procedure in relation to opening of a Madhyamik Siksha Kendra, the constitution of its managing committee, its management, conditions for securing financial and other support from the State Government, responsibility of the gram panchayat, number of Siksha Samprasarak/Samprasarikas to be engaged, their qualifications and conditions of service, construction of buildings and other connected matters. In relation to the present controversy, this Court is concerned only with the mode of selection and/or procedure for engagement of Siksha Samprasarak in the said MSK. Mode of selection and Clauses 19, 20 and 21 of the guidelines being relevant for the purpose of the present dispute are extracted hereunder : Mode of Selection of Siksha Samprasarika/ Samarasarak of Madhyamik Siksha Karmasuchi: "Once the setting of an MSK is approved, the Managing Committee of the MSK will give wide publicity of the same and applications shall be invited by the Managing Committee (MC) from the intending candidates having at least graduate degree for the posts of Samprasaraks/Samprasarikas from residents of the Gram Panchayat area or from the residents of the adjoining Gram Panchayat areas. The applicant shall mention the group for which he/she desires to be considered. (Life Science group, Mathematics & Physical Science group, Language group, History-Geography group). All the applications shall be duly received and entered into a register to be maintained by MC group-wise; showing the name, address, highest educational qualification and date of submission of application. After the last date of receiving application is over the applications should be divided into four bunches, one for each group. The applications shall then be scrutinised to see whether the subjects in the group for which the candidate has applied for was taken at the graduation level by the applicant. The valid applications then shall be arranged according to highest qualification and highest number (in aggregate) obtained and a panel shall be prepared. The panel shall then be published in the notice-board of the proposed MSK. The Managing Committee shall thereafter engage on contract, the candidate appearing at the top of each group of candidates. Model from of contract has been provided along with the guidelines. Selection of Samprasaraks/Samprasarikas will have to be made in the manner provided in the guidelines without any deviation. The Managing Committee may solicit the assistance of the Executive Officer and the Karmadhyaksha of the Shiksha-Sanskriti-Tathya-O-Krira Sthayuee Samiti of the concerned Panchayat Samiti in the matter." Revised Guidelines ************ Number Of Sikha Samprasaraks/samprasarikas In An Msk: 19. Each MSK shall have one Mukhya Siksha Samprasarak/Samprasarika and five other Siksha Samprasaraks/Samprasankas. One Siksha Samprasarak/Samprasarika, including Mukhya Samprasarak/Samprasarika, should be there for teaching the following subjects : (a) Life Science (b) Physical Sciences including Mathematics (c) English (d) Mother Language (e) History including Social Sciences (f) Geography including Social Sciences. In the first year of functioning of an MSK there will be two Samprasarak/ Samprasarika, one for language and social sciences group and the other for science and mathematics group. In the second year there shall be a separate Samprasarak/Samprasarika for life science and a Samprasarak/Samprasarika for History and Geography including social sciences and thus there shall be four Samprasaraks/ Samprasarikas for the MSK in its second year of functioning. In the third year there shall be two more Samprasaraks/Samprasarikas one for English or mother language and the other for History including social sciences or Geography including social sciences depending upon who was appointed in the previous year and thus there shall be six Samprasaraks/Samprasarikas from the third year of functioning of an MSK. Remuneration For The Siksha Samprasara Ks/samprasarikas: 20. Since the Mukhya Shiksha Samprasarak/Samprasarika, and other Siksha Samprasaraks/ Samprasarikas would be selected and engaged by the MM.C. at the initiative of the community, they would be free to fix the remuneration payable to Siksha Samprasaraks/ Samprasarikas. However, remuneration payable to each Siksha Samprasaraks/. Samprasarika should not be less than 2000.00 per month for pass graduates and 2500.00 for honours/post graduates and 3000.00 for Mukhya Siksha Samprasaraks/Samprasarikas. The State Government would extend financial support for engagement of Siksha Samprasaraks/ Samprasarikas @2000.00 per Siksha Samprasaraks/Samprasarikas who are pass graduates, @2500.00 per Siksha Samprasaraks/ Samprasarikas who are honours/post graduates and @3000.00 per Mukhya Siksha Samprasaraks/Samprasarikas respectively per month In case the M. C. decides to pay more, they may do so but the additional cost has to be borne by them and the Government would not take any financial liability on this score. Furthermore the State Government would continue to give financial support for engagement of Mukhya Siksha Samprasaraks/Samprasarikas and other Siksha Samprasaraks/Samprasarikas only if they attend the Kendra on at least 90% days in a month on which the Kendra remains open. Qualification Of Siksha Samprasarak/samprasarika : 21. The MC shall engage a person as Siksha Samprasarak/ Samprasarika provided he/she fulfils the following conditions: (i) He/she is at least 40 years old (ii) He/she is a resident of the same Gram Panchayat where the MSK is located. If qualified persons are not available in the same Gram Panchayat for engagement as Siksha Samprasaraks/ Samprasarikas, then any person residing in the adjoining Gram panchayats/ Municipalities having required qualification may also be engaged. (iii) The persons who are graduates from a recognised University having studied at the graduation level the subject for which they are being considered would be eligible for engagement as Siksha Samprasaraks/Samprasarikas. Post graduates/honours graduates should get preference. In case of mukhya Siksha Samprasaraks/ Samprasarikas retired.Head Master/Head Mistress or at least a retired teacher of a High/Junior High School preferably with post graduate/honours degree should be selected, (iv) Ladies and retired teachers of high/junior high schools and candidates having B.Ed. should be given preference. For any subject the first choice will be a masters degree holder with B. Ed. degree, followed by a honours degree holder with B. Ed. degree. They should have precedence over other candidates in the order mentioned above. Similarly a lady will get precedence over any gentleman having same qualification for being engaged as Samprasarika. (v) In the event of non-availability of Siksha Samprasaraks/Samprasarikas having prescribed age and qualification as mentioned above, the State Government may, on receipt of specific proposal, relax the specific age to. 35 years. There, however shall not be any relaxation with regard to academic qualification."
(3.) The petitioners claim to have requisite qualification for being appointed as Siksha Samprasaraks in the said MSK. While the petitioner no. 1 is a Science Graduate, the petitioner no. 2 is an Arts Graduate as well as a trained candidate (he has a degree of B.Ed to his credit). They are aggrieved because the respondents 8 and 9 have been engaged as Samprasaraks in Science and History 7 respectively in the said MSK without there being a proper selection process undertaken in accordance with the applicable guidelines.;