Court Can't Engage In "Micro-Management" Under PIL Jurisdiction: Rajasthan HC Orders Committee To Monitor Development Of Govt Sanskrit Schools

The Bench of Chief Justice Akil Qureshi and Justice Madan Gopal Vyas observed that though the issues raised by the petitioners are genuine and valid, however, in public interest jurisdiction it is impossible for it to engage itself into micro management.

"The duty of the Court is to catalyse the government mechanism to take appropriate steps. It is simply not possible for the Court to minutely monitor every single aspect of public administration. The Government has the mechanism, wherewithal as also duty and responsibility to carry out such functions. Every failure of administration does not necessarily have cure only in law to be enforced by the Court," it observed.

The present public interest litigation was filed complaining the lack of infrastructure and posting of sufficient number of trained teachers in Government Sanskrit schools.

Thus, looking to various genuine deficiencies pointed out by the public interest petitioners, the Court asked the State administration to set up a high powered committee consisting of the following members:

(i) Additional Chief Secretary, Education, who shall be the Chairman of the committee.

(ii) Joint Secretary, Finance

(iii) An officer not below the rank of Deputy Secretary, Public Works Department

(iv) Director of Sanskrit Education.

The court directed that:

1. The committee shall meet at least once every quarter.
2. The committee would have power to issue appropriate directions for appropriate measures to cure any defects or deficiencies in relation to these schools, which may be noticed.
3. The committee would be a permanent committee and if at any stage the Government thinks that looking to the overall improvement, the purpose of the committee no longer survives, the Government would apply to the High Court for winding up the committee.

The court recorded that the situation has improved to some extent with the court's intervention, however, there are quite a few areas which require further improvement. The court pointed out that in several schools there is a serious shortage of class rooms and in some schools sufficient numbers of teachers are still not posted. The court noted that there are about 1000 such schools in the State where there is special focus on Sanskrit being taught to the students at an early stage.

The petitioners informed that a number of deficiencies in the infrastructure of such schools, such as the want of sufficient number of class rooms, other facilities etc. They also pointed out that in the schools situated in the rural areas, there is a perennial deficiency of teachers. Typically, this happens because the preference of the teachers is to be posted at the urban centres, informed the petitioners

According to the petitioners, since the urban centres monopolize the sources, the schools situated in the rural areas tend to suffer. Taking cognizance of these averments, this Court has issued directions from time to time. Compliance reports have been called for, which are filed by the State authorities. The court had taken cognizance of these averments and issued directions, whereby compliance reports have been filed by the State authorities.

The Advocate General stated that the recruitment process for teacher grade-III is going on. Once such a process is over, there would be considerable relief in terms of availability of teachers, he added.

Case Title: Kana Ram v. State of Rajasthan and Ors., and connected matters

Citation: 2022 LiveLaw (Raj) 49

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