A bench headed by Chief Justice Mohit Shah also asked the Chief Executive Officer (CEO) of Thane Zilla Parishad to file an affidavit stating what steps were taken against 700 teachers who are not reporting to duty in primary schools of tribal areas of Thane despite being transferred there.
Hearing petitioner's lawyer Preeti Walimbe, the bench also asked the Chief Secretary of the state and the CEO of Thane Zilla Parishad to personally appear before the court on the next hearing after two weeks.
The PIL, filed by Nitin Borade, highlighted the negligence and lapses by the authorities in deputing teachers in primary schools in tribal areas of the district.
In this regard, even the High Court had issued orders earlier but they were not being implemented, thereby amounting to contempt.
Many posts of primary teachers were lying vacant in schools in tribal areas due to non-availability of teachers, the PIL said, adding it was the duty of the state to ensure that every child was imparted primary education which was a fundamental right guaranteed under the Constitution.
The PIL said that by an order dated September 13, 2012, the High Court had directed the state to fill up the vacancies in respect of all the posts in tribal districts.
The Ministry of Rural Development therefore issued a government order dated April 8 this year for effecting transfer of employees in education department in rural and tribal areas.
The government order provides for transfer of teachers working in primary schools of Thane Zilla Parishad.
In all, 700 teachers and other employees of the department were transferred. Although the transfer orders were issued, the officers have kept these on hold to favour the teachers transferred in tribal areas, the PIL alleged.
The PIL further alleged that teachers working in Zilla Parishad schools in the state join only those schools which are convenient to them, irrespective of their postings or transfers.


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