Decided on June 03,1985

Gauhati Transport Association And Anr. Appellant
STATE OF ASSAM And ORS. Respondents


K. Lahiri, A.C.J. - (1.)THE Directive Principles are also fundamental. They can be effective If they are allowed to play their role to sub serve the common good. The Directive Principles together with the Fundamental Rights constitute the con -science of our Constitution, The purpose of the Directive Principles is to fix certain social and economic goals for immediate attainment of the welfare State contemplated by the Constitution. Through social revolution indicated in the Directive Principles the Constitution seeks to fulfill the basic needs of the common man and change the structure of our society. Without faithfully and religiously implementing the Directive Principles it would not be possible to achieve the welfare State contemplated by the Constitution. Fundamental Rights and Directive Principles form the core of our Constitution Together, they constitute its true conscience. The aim, object and purpose of the Directive Principles "should be properly appreciated and emphasized by all, but in particular it is the obligation of the State to secure social order to achieve the welfare Stain desired by the Constitution certain positive directions have been act out in Part -IV of the Constitution. The State is obligated under Article 39(e) to take care of health and strength of the tender aged children. Similarly, Clause (f) of Article 39 mandates that the children should be given opportunities and facilities to develop in healthy manner and in conditions of freedom and dignity and that the childhood and youth are to be protected against exploitation and against moral and material abandonment. The State is also enjoined by Article 41 of the constitution to provide education. Article 45 provides for free and compulsory education for children.
(2.)THE City of Gauhati is expanding and it is a sight to see how fathers, mothers, guardians and. relation of the children get themselves busy for taking their children to School. In the after -noon those tired persons go from their offices or home to the School to bring back their children. Sometimes 2 to 3 children are carried in a two wheeler, lo rainy season, in summer or biting winter. All have been and noticed but they have taken these on the strides. No' attempt has been made to take care of the school going children. No body thought about the plights of the parents and the guardians, their difficulties, sorrows, agonies and miseries.
It is heartening to note that the applicants have taken a stand, may be for their own children, however the method logy adopted might in the long run evolve certain better means to actualize better relief than they have asked for in this application. The applicants have done yeoman's services to the future generations.

(3.)THE applicants have prayed before this Court to give directions to the Assam State Transport Corporation to provide transport vehicles to carry their children from Bharalumukh Sluice Gate to Don Bosco Junior School, Panbazar and to bring them back home after the School is over.

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