1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.4916 OF 2010 (Rajesh Dadaraoji Sawarkar and others vs. The State of Maharashtra and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : JANUARY 27, 2011 Heard Shri Kulkarni, learned Counsel for the petitioners, Mrs. Dangre, learned Additional Government Pleader for respondent nos. 1 to 3, and Shri Patil, learned Counsel for respondent nos. 4 to 6. Shri Kulkarni, learned Counsel for the petitioners, states that the present petition has been filed by four Primary Teachers and Maharashtra Rajya Prathmik Shikshak Samiti, Amravati, through Branch President. It is submitted that The Right of Children to Free and Compulsory Education Act, 2009 has come into force with effect from 1/4/2010. 2 The State Government has issued Government Resolution dated 18/6/2010 prescribing the modalities to be undertaken by the Zilla Parishads as well as State Government in view of coming into force of the above referred Act. It is submitted that after the said Act came into force, all the activities pertaining to Primary Education are governed by the said Act and, therefore, direction may be given to the respondent Zilla Parishad to act in conformity with the provisions of the said Act. Shri Patil, learned Counsel for respondent nos. 4 to 6, states that controversy in issue pertains to the new staffing pattern of Primary Schools, which is evolved by the said Act. The Government Resolution dated 18/6/2010 only stipulates the modalities to be undertaken by the Zilla Parishads as well as by the State Government. It is submitted that in the present petition, there are only four Teachers, who are impleaded as petitioners and petitioner no.5 is the Association. It is contended that petitioners should submit list of Primary Teachers, who are the members of the petitioner no.5 Association and pay Court fee separately. 3 Shri Patil, learned Counsel for the respondent nos. 4 to 6, further states that though the said Act came into force on 1/4/2010, however, in view of Section 25 of the said Act, time of six months is given to adjust the pupil-Teacher ratio and, therefore, the provisions of the said Section have come into force with effect from 1/10/2010. It is further submitted that the respondent Zilla Parishad shall take all the steps pertaining to the primary Education in Amravati District after 1/10/2010 totally in conformity with the provisions of the said Act. Mrs. Dangre, learned Additional Government Pleader for respondent nos. 1 to 3, states that Zilla Parishads are requested by the State Government to forward necessary data/information in order to take appropriate decision in conformity with the provisions of the said Act whereby new staffing pattern pertaining to primary education has been evolved, however, the said information has not yet been received by the State Government and as and when such information will be received, appropriate decision according to law will be taken. 4 We have considered the rival contentions of the learned Counsel for the parties. From the above referred facts, it is evident that the said Act of 2009 came into force with effect from 1/4/2010. Shri Patil, learned Counsel for respondent Zilla Parishad, has made a categorical statement that all the steps pertaining to teaching staff shall be taken in accordance with provisions of the said Act. In that view of the matter, no further direction in this regard is necessary. We direct the petitioners to submit list of members of petitioner no.5 Association in this Court and pay separate Court Fee in respect of each member within two weeks. Shri Kulkarni, learned Counsel for the petitioners, undertakes to submit list of members of petitioner no.5 in this Court and pay separate Court fee for each member within two weeks. With these observations and directions, the petition is disposed of. JUDGE JUDGE khj