D.N.PATEL,J. - (1.) This public interest litigation has been preferred with following prayers: "For directing respondents not to appoint the teachers of Santhali, Kudukh or any other language than, that of HO language in the Primary Schools of Singhbhum West District where the school going children of 6 to 14 age, belong to Ho community, who speak, understand and communicate only in the Ho language (which is derived from Astro-Asiatic Munda language family, having rich ancient speech and own script named 'Warang Chiti') for enabling children of such linguistic minorities to get education through their own language/ mother tongue as medium of instruction; failing which not only the children of Ho community would be deprived from their rights to get education under provisions of Right of Children to Free and Compulsory Education Act, 2009, but also will jeopardise the educational and socioeconomic and cultural rights of 'Ho community' (which is said to be the forth largest Scheduled Tribe community of India) as guaranteed under Article 29(1), 30, 350A and 350B and under Article 46 of the Constitution of India. (ii) For directing respondents to strictly follow State's policy decision under the scheme of 'Sarva Shiksha Abhiyan' to appoint/post teachers in Primary Schools of the different districts of the state on the basis of ratio/percentage of students/children of particular regional language in such school/block or district in tune of or as directed by the Director (Secondary Education), Government of Jharkhand vide Human Resources Development Department (Secondary Education Directorate) letter no.11/Ni03/20104056 dated 01.09.2010 tod the Regional Deputy Directors and the District Education Officers to post the teachers belonging to particular regional language on the basis of the availability of the students of such regional language only; and take suitable steps to ensure appointment of eligible persons/para teachers belonging to the Ho community, who possess proficiency in the 'Ho' language and familiarity with the local, culture and practices, so that there may be long term benefits in the primary stage of learning of the HO children, like children's increased, self confidence and self proficiency while getting education through their own language and by the teachers of their own culture and community. And/Or (iii) For directing the respondent No.2, the Principal secretary, Human Resources Development Department, to hold a fact-finding enquiry with regard to several complaints of illegalities and irregularities being done in the Selection Process of appointment of Primary teachers in District West Singhbhum in violation of the N.C.T.E. Guidelines, Govt. Circulars/Letters and Reservation Policy of the State as well as policy decision regarding multilingual minorities having education through their own regional language. And/or (iv) During the pendency of this Public Interest Litigation Your Lordships may be pleased to stay the entire operation of appointment to such teacher who do belong to 'HO' subject in the district of Singhbhum West. And (v) Pass such other order/s as your Lordships may deem fit and proper for doing consignable justice to the petitioner."
(2.) Having heard counsel appearing for both sides and looking to the facts of this case, it appears that it has been noticed by the petitioner that the pre-dominant language used in the district of West Singhbhum at Chaibasa is "Ho" and hence teachers may be appointed in the schools run by the government taking into consideration their knowledge of "Ho" language so that effective communication can be made between the students, especially the students of standard I to VII, and the teachers, otherwise there will be an increase in drop out rates.
(3.) Counsel appearing for the respondent State has pointed out that due care has been taken by the respondent State by issuing necessary circulars and drafting the rules for every district including West Singhbhum at Chaibasa and district-wise list of tribal/regional languages has been prepared as per advice given by the Tribal Advisory Council and teachers eligibility test is also taken by the State of Jharkhand district wise, in which tribal languages pertaining to a particular district as per the said list is compulsory for the candidate who is appearing for that district. This language is to be chosen by the candidate out of four or five tribal/regional languages as per the list prepared by the State of Jharkhand.;