Ganesh Ashokrao Shinde v. The State Of Maharashtra And Others

1 PIL / 122 / 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO. 122 OF 2015 Ganesh Ashokrao Shinde ... Petitioner

VERSUS

The State of Maharashtra and others ... Respondents ...

None present for petitioner Mr. P.S. Patil, AGP for respondent - State Mr. Deelip N. Patil Bankar, Advocate for respondent nos. 5 and 6 ...

CORAM : DIPANKAR DATTA, CJ AND S. S. SHINDE, J.

DATE : AUGUST 27, 2021 PC :

1.

None appears for the petitioner.

2.

Learned Advocates for the State and the Zilla Parishad are present and have been heard.

3.

The petitioner is an agriculturist but is seriously concerned with the standards of education imparted to the younger generation in terms of the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (hereafter "the Act", for short). The concern expressed in this Public Interest Litigation is that teachers are being deployed for duties other than non-educational purposes and such deployment is in the teeth of the provisions of the Act.

2 PIL / 122 / 2015 4.

Section 27 of the Act ordains as follows :

"27. Prohibition of deployment of teachers for noneducational purposes.- No teacher shall be deployed for any non-educational purpose other than the decennial population census, disaster relief duties or duties relating to elections to the local authority or the State Legislatures or Parliament, as the case may be."

5.

In view of the aforesaid statutory mandate, a teacher cannot be deployed for non-educational purposes other than those specified in such statutory provision.

6.

We, accordingly, dispose of this Public Interest Litigation with a direction upon all the concerned authorities in the State not to act in derogation of section 27 of the Act. No costs. [S. S. SHINDE, J.] [CHIEF JUSTICE] arp/