STATE OF ASSAM Vs. PRATIMA DAS

JUDGEMENT

(1.) These bunch of Writ Petitions and Writ Appeals relate to appointment, absorption and regularisation of primary school teachers, they have been heard together as they involve a common question of regularisation of service and categorised as such by the Registry.

(2.) The State of Assam in its endeavour to provide free and compulsory education as envisaged by Article 45 and Article 4] of the Constitution established or allowed to be established large number of educational institutions and primary schools and provincialised some of those already existing in its bid to impart and expand free primary education as a part of its planning But one of the basic objective of planning to make people self-reliant so that they may not look up-to the Government for redressal of all (heir problems including employment has been eclipsed. If these bunch of petitions and many more already disposed of is an indication, it is an undeniable fact that schools for the general public are ill- equipped, ill managed and ill-staffed to cater the needs of the large number of people in a democracy where poverty is all perversive. In one hand, there are such schools where regularisation of service is sought by otherwise unemployed youths who are supposed to educate the millions of children of the general public, on the other hand there are schools managed by monied people who take care of even their dull and dunce children. Extremely expensive English medium schools with high cost of private tuition have sprung up and are being run as purely commercial enterprise collecting huge amount of donations and fees, thus catering to the needs of the children of the fortunate few, while the millions are left even without regular staff in the schools. The system as such does not provide any gainful and productive work to every adult or youth. Those who pass out their matriculation or graduation when faced with the hard realities of life and tremendous problem of unemployment, hot so much as a matter of love or liking for imparting education, but securing a job they either accept the job of teachers, Lower Division Assistants or Clerks or even Peons on purely temporary ad-hoc basis and continue it as their expected fate. It is not out of volition or liking for teaching as career that they accept the appointments.

(3.) Employment is not a guaranteed right under the Constitution, nor is there any provision unlike some other countries providing Unemployment Allowances. With lapse of time, these very teachers, L.D.As., Clerks or Peons appointed on purely ad-hoc or temporary basis have approached the Courts for their regularisation in service. There is no dearth of such cases in the law reports, case are decided and disposed of, but the problem continues to stare us.