मिड डे मील के लाभार्थियों के औसत के आधार पर सरप्लस निर्धारित कर समायोजन प्रक्रिया पर मा0 उच्च न्यायालय ने अगली सुनवाई तक लगाई रोक।
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 39
Case :- WRIT - A No. - 11283 of 2019
Petitioner :- Smt. Kamla Sipal And And 40 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Shatrughan Yadav,Amit Saxena (Senior Adv.)
Counsel for Respondent :- C.S.C.,Amit Shukla
Hon'ble Neeraj Tiwari,J.
Heard Sri Amit Saxena, learned senior counsel assisted Sri Shatrughan Yadav, learned counsel for the petitioners, learned standing counsel for respondent nos. 1 and 2 and Sri Amit Shukla, learned counsel for respondent nos. 3 and 4.
Learned counsel for the petitioners submits that State Government has issued a Government Order dated 17.6.2019 for adjustment of teachers in different educational institution run by U.P. Basic Shiksha Parishad for session 2019-20 and for that detailed procedure has been provided for "adjustment" of teachers. In paragraph 2 of the Government Order dated 17.6.2019, it is specifically mentioned that for "adjustment", maximum enrolment of previous year shall be taken for determining the student teacher ratio. He further submits that very same criteria was also adopted by Basic Education Officer of Badaun, Kushinagar, Meerut etc., but in the case of petitioners, entirely different criteria was adopted for calculating the student teacher ratio. Total number of students intake in Mid Day Meal in a year was divided by total number of days distribution of Mid Day Meal. He further submits that for fixing the teacher student ratio for "adjustment", a self generated formula was adopted and for distribution of schools dress, shocks, books sweater, the cut off date is taken as total number of students enrolled on 30th September of that year. He further submits that formula so adopted is beyond the commonsense of any prudent person and for distribution of materials, different criteria has been adopted. He further submits that formula so adopted for teacher student ratio for the purpose of "adjustment" is absolutely contravention of Government Order dated 17.6.2019 and number of student has to be calculated as it is done by Basic Education Officer, Badaun, Kushinagar, Meerut District.
Sri Amit Shukla, learned counsel for respondent nos. 3 and 4 prays for and is granted two weeks time to seek instruction about the matter.
Put up this case as fresh on 9.8.2019.
Till the next date of listing, no coercive action shall be taken against the petitioners.
Order Date :- 25.7.2019
Arvind
