M.Katju - (1.) THIS writ petition has been filed with a prayer for mandamus directing the respondents to pay salary to the petitioners in regular grade with effect from 1-10-1989 and to provide other consequential benefits to the petitioners, The petitioners are teachers of the primary section of Sri Alpeshwarnath Sanskrit Maha Vidyalaya, Janewar, Fatehganj, Jaunpur which is a recognised Sanskrit Institution imparting education for the primary section. Junior High School, Purva Madhyama (High School), Uttar Madhyama (Intermediate) and Shastri (B.A.) sections. The Maha Vidyalaya is thus Imparting education from Class 1 upto graduate level and it is a recognised institution affiliated to Sampurnand Sanskrit University, Varanasi. The teachers of the institution teaching in the Junior High School Section, High Sohool, Intermediate and Bachelor of Arts Section are paid salary through State funds i.e. by the Slate Government. It is only teachers teaching in the primary section (such as the petitioners) who are not paid salary through State funds, and they are paid salary through the private resources of the institution. The institution is on the maintenance grant in aid list of the State Government. The primary section of the institution has been duly approved by the District Inspector of Schools, Jaunpur on 23-4-1958. In this connection the certificate of the District Inspector of Schools. Jaunpur dated 17-3-1971 is Annexare-2 to the petition. The certificate of the Banaras Sanskrit Vishwa Vidyalaya stating that the institution recognised upto B. A. level (Shastri) is Annexure-3 to the petition. The petitioners who are teaching in the primary section are getting salary of only Rs. 250/- per month as is evident from the certificate of the Manger dated 2-7-1990 (Annexure-4 to the petition). The State does not pay salary to the teachers of the primary section but it only gives some nominal compensation as is evident from Annexures-5 and 6. THIS compensation is clearly not sufficient to pay adequate salary to the teachers of the primary section. For example in the petitioners' Institution the compensation grant for the year 1986-87 was Rs. 2844/- for the year 1987-88 was Rs.2914/- and for 1988-89 was again Rs. 2914/-.
(2.) LEARNED counsel for the petitioners could not tell me whether there are any other teachers in the primary section apart from the two petitioners, but even of there are no other such teachers the compensation would give the petitioner about only Rs. 125/- per month, which in these hard days of inflation is next to nothing. The petitioners have b:en teaching since 1972-73 i e. for 20 years. Sanskrit is a great language of this country and to pay a salary of Rs. 250/- per month to a Sanskrit teachers is an intolerable insult to a great language and the teachers of such a great language. In this connection it has been stated in paragraph 10 of the writ petition that by a government order dated 6-9-1989, 339 institutions upto the level of High School and Intermediate in U. P. were approved by the State Government for payment of salary under the payment of Salaries Act. 1971. A true copy of the G O. dated 6-9-1989 is Annexure-7 to the petition. The petitioners have stated that in these 339 institutions teachers in Primary Section are now being paid by the State Government Salaries in accordance with the G.O. dated 28-2-1990 (which has prescribed the grade of Rs. 1100-1710 for high school trained teachers and of Rs. 950-1325 for junior high school trained teachers and the G O. dated 6-9-90 (which has prescribed Rs 850 P.M. for untrained teachers) but the teachers of primary sections of the Sanskrit institutions have not been given the same benefit, and thus they have been discriminated against. The petitioners made representations to the authorities as stated in paragraph 12 of the writ petition, but to no avail. A counter affidavit has been filed. In paragraph-4 there of it has been stated that the demand of the petitioners Is a matter of policy of the State Government. In my opinion this is no reply to the allegations of the petitioners. No policy can violate Article 14 of the Constitution. In the present case Article 14 of the Constitution has been violated since the petitioners have been discriminated against in two ways. Firstly the teachers of the Sanskrit institutions from Junior High School level upto post graduate level are admittedly being paid salary through the State Government, and hence there is no basis for not paying the primary section teachers also through the State. After all, the foundation of knowledge is laid in the primary section and if the foundation Is weak the edifice built on it cannot be strong. Hence there is no rational basis for discriminating against primary section teachers in the matter of salaries. Secondly, there is no pood reason for discriminating against primary section teachers of Sanskrit institutions as against primary section teachers of other institutions. I am constrained to say that in our country Sanskrit is hardly getting the respect it deserves!. A language which was declared by that outstanding scholar. Sir William Jones, to be 'more perfect than Greek, more copious than Latin, and more exquisitely refined than either" is today practically regarded as worthless, and its teachers are treated shabbily. This just shows the level of degradation to which we have fallen.
(3.) THE word 'Sanskrit' means "prepared, pure, refined or perfect". It was not for nothing that it was called the 'deva vani' (Language of the gods) It has an outstanding place in our culture, and indeed was recognized as a language of rare sublimity by the whole world. Sanskrit was the language of our philosophers, our scientists, our mathematicians, our poets and playwrights, our grammarians, our jurists etc. In grammer Panint and Patanjali (authors of Ashtadhyayi and the Mahabhashya) have no equals in the world, in astronomy and mathematics the works of Aryabhatta, Brahma Gupta, and Bhaskar opened up new frontiers for mankind, as did the works of Charak and Sushurt in medicine; in philosophy Gautam (founder of the Nyaya System), Ashvaghosha (author of Budha Charita). Kaplla (founder of the Sankhya System), Shankaracharya, Brihaspati etc present the widest range of philosophical systems the world has ever seen, jaimini's Mimansa Sutras laid the foundation of a whole system of rational interpretation of texts which was used not only in religion but also in law, philosphy. grammar, etc. In literature the contribution of Sanskrit is of the foremost order THE works of Kalidas (Shakuntala, Meghadoot, Malvikagnimitra, etc) Bhavabhuti (Malti Mahav, Uttar Ramcharit. etc) and the epics of Valmiki, Vyas, etc are known all over the world. THEse, and countless other Sanskrit works, kept the light of learning ablaze In our country upto modern times In this connection 1 would like to quote from the Constituent Assembly debate that took place on 12-9-1949 in our Constituent Assembly :- "The Honourable Shri Ghansbyam Singh Gupta We want to hear your views on Sanskrit Mr. Naziruddia Ahmed. I am extremely thankful to the Honourable member, Mr. Gupta. If you have to adopt any language, why should you not have the world's greatest language ? It is today a matter of great regret that we do not know with what reveration Sanskrit is held in the outside world. I shall only quote a few brief remarks made about Sanskrit to show how this language is held in the civilized world Mr. W. C. Taylor says "Sanskrit is the language of unrivalled richness and purity". Mr. President :-I would suggest you may leave that question alone, because I propose to call representatives who have given notice of amendments of a fundamental character, and I will call upon a gentleman who has given notice about Sanskrit to speak about it. Mr. Naziruddin Ahmed Yes. Sir, I shall not stand in between. I will only give a few quotations. Prof. Mak Muller says that Sanskrit is the "greatest language in the world, the most wonderful and the most perfect." Sir William Jones said "Whenever we direct our attention to the Sanskrit literature, the notion of Infinity presents itself Surely the longest life would not suffice for a perusal of works that rise and swell, protuberant like the Himalayas, above the bulkiest compositions of every land beyond the confines of India". Then, Sir W. Hunter says that "the Grammar of Panint stands supreme among the grammars of the world. It stands forth as one of the most splendid achievements of human invention and Industry". Prof Whitney Says "Its unequalled transparency of structure jives it (Sanskrit) undisputable right to the first place amongst the tongues of the Indo-European family". M Dubois says "Sanskrit it the origin of the modern languages of Europe". Prof. Weber says Panini's grammer is universally admitted to be the shortest end fullest grammar in the world". Prof Wilson says "No nation but the Hindu has yet been able to discover such a perfect system of phonetics". Proof Thompson says "The arrangement of consonants in Sanskrit is a unique example of human genius". Dr Shahidullah. professor of Dacca University, who has a world wide reputation as a Sanskrit Scholar, says "Sanskrit is the language of every man to whatever race he may belong". An Honourable Member : What is your view ? Mr. Naziruddin Ahmed ! My own view is that it is one of the greatest languages, and...... An Honourable Member : And should it be adopted as the National Language or not. It is not spoken by any one now. Mr. Naziruddin Ahmed : Yes, and for the simple reason that it is impartially difficult to all Hindi is easy for the Hindi speaking areas, but it is difficult for other areas. I offer you a language which is the grandest and the greatest, and it is impartially difficult, equally difficult for all to learn. There should be some impartiality in the selection. If we have to adopt a language It must be grand, great and the best. Then why should we discard the clause of Sanskrit ? Pandit Lakshmi Kant Maitra : If today India has got an opportunity to shape her own destiny 1 ask in all seriousness if she is going to feel ashamed to recognize the Sanskrit Language-The revered grandmother of Languages of the world, still alive with full vigour, vitality ? Are we going to deny her rightful place in Free India. That is a question which 1 solemnly ask. I know it will be said it is a dead language. Yes. Dead to whom ? Dead to you because have become dead to all which is great and noble in your own old culture and civilization. You have been chasing the shadow and have never tried to grasp the substance which is contained in your great literature. If Sanskrit is dead may I say that Sanskrit is ruling us from her grave ? Nobody can get away from Sanskrit in India".;