PARMAR ALPABEN SANABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As prayed by learned Counsel for the parties, matters of Single Bench have been taken up for final hearing along with matters of public interest being heard by this Division Bench.

(2.) Issue Rule. Heard learned Counsel for the parties. This batch of one hundred sixty one petitions are proposed to be decided by this judgment since challenge is directed against selection of Vidya Sahayaks with variation as to grounds of challenge taken by the petitioners. With a view to place emphasis on the axis of challenge, parties classified as under :

(3.) A. Adverting to the material facts of the cases before answering the submissions advanced by respective parties, State Government formulated the Vidya Sahayak Scheme, 1998, for extension of primary education, necessary for free and compulsory education, and provide teachers in the Schools. According to the State, every village with population of 200 should have a Primary School from Std. 1 to 4. There are 37,898 Primary Schools in the State, out of which, 29,796 are run by local bodies, 1566 by Nagarpalikas, and 6,536 by private managements. As per survey conducted between 2002-2003, approximate dropout rate is 32.56% in the last five years, for various reasons recorded in the nationwide survey, and one of the reasons being large number of vacancies in the Primary Schools. The recruitment made from time to time could not match with the vacancies in the schools. Therefore, decision was taken to fill up 15,000 vacancies under the Balguru Scheme. However, 3,743 Balgurus could be appointed on account of litigations, political uncertainty and General Elections to the State Assembly. Consequently, State Government introduced the Scheme for appointment of Vidya Sahayaks in 1998 to fill up 20,000 vacancies. Provision for funds for the purpose of providing one school room per teacher has been planned besides involving the Non-Governmental Agencies in the programme. Further, assistance is being sought from the Central Government to make the programme successful.