APPENDIX `M' MEMORANDUM ON ITEM 15 : THE EFFECT OF TRANSFER OF ADMINISTRATION OF EDUCATIONAL INSTITUTIONS TO PANCHAYATS.

The note sent in April 1963 by the Government of Utter Pradesh on this subject put up for the Board's consideration may be seen at Annexure XVI.

2. It may be mentioned that this matter was considered recently by the 38th All-India Educational Conference held at Baroda in December 1963, which adopted the following resolution :

"After the introduction of Panchayat Raj, it has been decided to transfer the responsibility of primary education to panchayat committees and councils. Party politics is in operation in the elections. Even in the administration, panchayat system has not proved its efficiency. The difficulties of the teachers have increased in those states where the responsibility of primary education has been transferred to such samitis. Therefore this conference requests the Union Government not to make the panchayat samitis responsible for primary education until its efficiency is proved.

3. According to information available in the Education Ministry, the administration of Elementary Education has been transferred to Panchayat Raj or local self governing institutions in the States of Assam, Gujarat, Madras, Uttar Pradesh, Rajasthan and Orissa. State Governments of Mysore, Kerala, Nagalaand, Madhya Pradesh, Bihar and Punjab have not transferred Elementary Education to Panchayat Raj institutions.

4. Comments of the Ministry of Community Development and Panjayats may be seen at Annexure XVII.

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ANNEXURE XVI

Note Sent by the Government of Uttar Pradesh

With the establishment of Panchayat Raj institutions in different parts of the country a question which has to be considered is the extent to which authority in the matter of elementary education is to be delegated to such bodies.

(2) Decentralised authority in this sphere implies (a) authority over the elementary school teachers including the power for transfer, punishment and recording of entries and (b) authority over the super- visory staff of such teachers. Government of India in the Ministry of Community Development, it is understood, view that in both these matters authority should be transferred to a large extent to Panchayat Committee at the N.E.S. Block levels. While there are bound to be local adaptations it is necessary that there should be a broad general uniformity in the approach to this question in all the States. It would, therefore, be useful if (a) the position prevailing at present in different States in this respect, and (b) the changes, if any, which are contemplated in the near future, are taken into account and an all India objective laid down for guidance of the State Education Departments.

3. The position in Uttar Pradesh may be given as an illustration. Elementary Education in rural areas has so far been entrusted to elected District Boards. These bodies invested a certain quantum of their revenues for provision of primary education. This was supplemented by grants given to the Boards from the Government which varied according to the financial condition of different Boards. The Chairman of the Board was a non-official. He had under him a gazetted officer of the Education Department designated as Deputy Inspector of Schools who assisted and advised the Board in all matters pertaining to Organisation, inspection and maintenance of proper stan- dards, in the elementary schools. The Chairman had appointing and punishing authority over the teachers. The District Boards have now been reconstituted and designated as Zila Parishads (District Coun- cils). The Deputy Inspector of Schools, aided by a number of Sub- Deputy Inspectors, assists the President of the Zila Parishad in carrying out the responsibility of the Board in respect of elementary education. There have now been constituted Panchayat Committees in charge of the area comprising one N.E.S. Block below the district level. These Block Committees function through a non-official Block Pramukh and Block Development Officer working as the executive officer of the Committee. These N.E.S. Blocks are run at the State level under the charge of the Community Development Department. It is being pressed that the entire working of elementary education should be transferred to these Block Committees for. administrative purposes.

4. The proposal, inter alia, has the following implications:

(1) Power of transfer of teachers of elementary schools which so far vested in the Zila Parishads, at the district level, be delegated to the Block Committees.

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(2) The authority for making entries in the character rolls of the teachers and the Head Master be delegated to the Block- Committees.

(3) The Sub-Deputy Inspectors of Schools, who have so far been working under the supervision of Deputy Inspector of Schools attached to the Zila Parishad at the District headquarters be: shifted to the Block Headquarters. These officers should work under the supervision of the Block Development Officers who will have the power to regulate their programme and to make entries in the character rolls.

5. This proposal appears to have some advantages. These may be recapitulated :-

(1) The Block Committees are in close touch with the needs and requirements of the village population. They would be able to mobi- lise greater support and raise resources for educational purposes.

(2) The Committees will be in a better position to watch the working of the elementary schools. Immediate action would be taken by the Committee if any teacher is found negligent in work.

(3) The Sub-Deputy Inspector of Schools would be able to do more effective touring and keep closer touch with the villages if their Headquarters are shifted from the District level to the Block level.

6. On the other hand, the proposal has disadvantages, e.g.

(a) Broad policy decisions in respect of elementary education will have to be taken at the level of the Government of India in the Ministry of Education for coordinating the quantitative and qualitative progress all over the country. These are at present communicated to the State Government in the Education Department. After such processing, as may be necessary, these are conveyed to the district levels and from this level to the remotest village school through the agency of, these Inspecting Officers functioning at the District Headquarters under the control of a senior officer of the Education Department. When these inspecting officers are shifted to the Block Headquarters, and are placed under the control of the Block Development Officer, this channel of transmission of directional policy matters from the District Headquarters to the village schools is likely to be hampered. The Block Development Officer is pre- occupied with matters other than education and is not in a position to appreciate the detailed execution of educational instructions. The effect of this may be that at the block level, the educational administration may not be fully responsive to the required policy directions in this sphere of education. A pilot experiment carried out in one Revenue Division of the State showed that once the Inspecting Officers of the Education Department are placed under the charge of the Block Development Organisation there is a strong temptation on their part to divert the services of these officers for purposes other than that of education.

(b) Against the advantage of a local authority close to the teacher being empowered to take disciplinary or semi-disciplinary action promptly as in the case of a transfer there would be greater disadvantage if local considerations which colour village functionism and personal prejudices of members of Panchayat Committees determine such transfers. It has been urged that the distant authority exercised at

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present by the Adhyaksh of Zila Parishads in the matters of transfer is necessary for the morale and status of the teacher. In Uttar Pradesh the power of the President itself has been limited to transfers within 15% of the total cadre of the teachers. Further, even these orders are to be passed after consultation with the District Inspector of Schools. In short, it appears, necessary to ensure that the teachers have a certain degree of freedom from fear of being transferred or punished on account of extraneous considerations if they are to discharge their duties properly.

(c) It is agreed on all hands that village communities should be actively associated with such schools, and that they should have a positive role in the provision and improvement of facilities for ele- mentary education. This association can, however, be secured by establishment of village advisory committees which may associate with the schools for mobilising local enthusiasm and resources for promotion of school activities including provision for mid-day meals. This, by and large, is already being done. This association has not, however, necessarily implied decentralization of administrative authority to such bodies for the running of the schools. As regards the association of the Panchayat Committees at the Block level, one view is that the character of their association may, as far as possible be one of advice and assistance with administrative authority limited to Coordination.

7. The Conference is requested to consider these and other aspects and decide as to what should be the guiding trend in delegation of authority in the sphere of elementary education to Panchayat Raj institutions.

ANNEXURE XVII

Comments of Ministry of Community Development and Cooperation on Transfer of Primary Education to Local Bodies.

In so far as this Ministry is aware, "primary education" includ- ing management of primary schools and control of teachers has been transferred to the Panchayati Raj bodies in 7 States, Viz. Andhra Pradesh, Gujarat, Madras, Maharashtra, Orissa and Rajasthan and Uttar Pradesh. In Mysore the State Level Committee on Panchayat Raj has recommended inter-alia that `primary education' should be entrusted to Panchayat Raj bodies. In the remaining two States where Panchayat Raj has been introduced viz. Assam and Punjab the primary schools are administered by the Government though the Panchayats and Panchayat Samitis have been entrusted with functions of a promotional nature. As regards secondary education, only in Andhra Pradesh and Maharashtra, this subject has been transferred to Zila Parishads.

2. A few months ago, "The Times of India" (Delhi Education, 23- 5-1964) carried a news item on the demand voiced by the Rajasthan School Teachers' Association that primary school Teachers on the payrolls of Panchayat organisations should, be transferred to the State Government Service because of the high handed behaviour of Sarpanches and Pradhans. The newspaper further observed that "even in a progressive state like Maharashtra the Primary Teachers' Federation had urged the State Government to take over the management of Schools from Panchayat bodies." On a reference made by this Ministry to these two State Governments, Rajasthan Government have stated that after the transfer of primary education to Panchayat Raj institutions, there has been `definite improvement in the attendance of Teachers as also in the enrolment of students and that some Panchayat Samitis have made a good contribution towards, the strengthening of primary schools by way of contributing equipment and buildings. Recently, a State Level Study Team on Panchayat Raj appointed by Rajasthan Government under the chairmanship of Shri Sadiq Ali, M.P. studied inter-alia the question of Education vis-a-vis Panchayati Raj bodies in detail and come to this conclusion that "there has been discernible improvement in the working of primary schools, after Panchayati Raj bodies took them over, in respect of enrolment of Students, attendance of teachers as well as students and of effective supervision. The local Panches and Sarpanches and other leaders, have taken good interest in the enrolment drives organised by the department." The Rajasthan Government propose to take action in the light of the remedial measures suggested by Sadiq Ali Team.

3. The Maharashtra Government feels that universal compulsory Primary Education upto 14 years is so huge and complicated an under- taking and its national significance is so great that the task must be attempted jointly by the Central, State and Local authorities. They

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also feel that it would be a retrograde step to withdraw primary edu- cation from the control of Zila Parishads. They have further expres- sed the fear that if Government takes over the control, the local com- munity will not cooperate enthusiastically. It has been stated that in so far as Maharashtra State is concerned, the resentment was mostly with regard to indiscriminate, irregular and untimely transfers of primary teachers and that the Government have issued directives to the Chief Executive Officers for avoiding such frequent transfers.

4. It may be mentioned in this context that the Santhanam Study Team on Panchayati Raj Finances, which examined inter-alia, the question of financing elementary education by the Panchayat Raj bodies has observed :

"Elementary education, natural and essential function of the Panchayat Raj, should be transferred to Samiti or Zila Parishad. Its mutual day to day management may vest in a Board set up by Samiti or Parishad in which not only members of that body but also others with special knowledge and experience in the proper development of education should find a place"

5. Even before the advent of Panchayat Raj primary education was administered by local bodies in many States, e.g. by District Boards in Andhra Pradesh, Madras, Orissa and Uttar Pradesh, District School Boards in Gujarat, District Boards, Janapada Sabhas and Muni- cipal Corporations in Maharashtra. The Panchayat Raj institutions which have replaced these Boards are expected to shoulder increasingly more and more functions and duties in almost all spheres of development and social welfare. In these circumstances, this Ministry feels that it would not be desirable at this stage to take a retrogade step by retransferring primary education to State Governments. Instead, a better course would be to evolve appropriate safeguards to ensure that the staff working under these bodies is not subjected to political or group pressures and that no undue hardships are caused to them. The problems of the School teachers cannot be looked at in isolation. Another significant factor which cannot be overlooked is the existence of various and different patterns of Panchayat Raj, the extent and manner of decentralisation and delegation of powers to the Panchayat Raj bodies varies considerably from State to State. In view of this, it is primarily for the State Government to consider the problems arising from the implementation of Panchayat Raj and to take suitable easures.