Chandra Kishor Ray v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20476 of 2018 ====================================================== Chandra Kishor Ray, Son of Nandlal Ray, Resident of Village-Tetaria, East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary 2.

The Director, Department of Human Resource Development, Govt of Bihar, Patna.

3.

The Principal Secretary, Department of Education, Govt. of BIhar, Patna. 4.

The Director, Mass Education, Govt of BIhar, Patna. 5.

The Director, Elementary Education, Govt. of Bihar, Patna 6.

The Director, Secondary Education, Govt. of Bihar, Patna 7.

The Director, Bihar Education Project Council, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Chaudhary, Advocate Ms.Anju Mishra, Advocate Ms. Roona (Amicus Curiae) For the Respondent/s :

Smt.Shilpa Singh -GA12 Ms. Abhanjalli, AC to GA 12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 25-01-2021 Petitioner has prayed for the following relief(s):- "a. For directing the respondent authorities to disengage the Key Resource Persons (KRPs) and the State Resource Group (SRGs) with immediate effect, who are deployed from amongst the govt.

elementary and middle school teachers to

2/4 monitoring the Akshar Anchal Yojana of the govt of Bihar.

b. For directing the respondent authorities not to engage the primary and middle school teachers of the Govt. schools in non academic works, other than those specified in section 27 of the RTE Act 2009.

c. For issuance of any other appropriate writ/s, order/s or direction/s as the Hon'ble Court may deem fit and necessary in the facts and circumstances of the case."

With the intervention of the Court, thankfully, the Government has now taken a decision taking remedial measures, which is evident from communication dated 19.01.2021. The said communication is reproduced as under:-

3/4 The teachers who were appointed as Key Resource Persons (KRPs) at the district level State Resource Groups (SRGs) have been withdrawn and directed to impart education to the children in terms of the statutory mandate for the Right to Children to Free and Compulsory Education Act, 2009.

In view of the aforesaid, we close the present

4/4 proceedings leaving it open for the petitioner as also learned Amicus Curiae to agitate collateral issues before the appropriate forum, if so required and desired.

We place on record the efforts put in by Ms.

Roona, learned Amicus Curiae, in assisting the Court. (Sanjay Karol, CJ) ( S. Kumar, J) sujit/- AFR/NAFR CAV DATE Uploading Date 27.01.2021 Transmission Date