Markandey Katju, J. - (1.) ISSUE notice to the respondents, as well as to the Advocate General, U.P. It appears that the constitutional validity of the U.P. Secondary Education Services Commission Act, 1982 has been challenged in the Supreme Court and the Supreme Court by its order dated 29.7.1985 (quoted in para 3 of this petition) issued rule 'Nisi' and also referred the matter to a Constitution Bench of the Court since the constitutional validity of the Act was involved. Ultimately the Supreme Court by its order dated 11th July, 1996, Annexure -1 to the writ petition, dismissed the petition as withdrawn with liberty to the petitioner to move the High Court. Hence this writ petition has been filed.
(2.) I have perused the allegations in this petition. Very serious allegations have been made particularly in paragraphs 13, 49, 50 and 54 to 74 of the petition which show that an alarming state of affairs is prevailing in U.P. in the field of education. These allegations, in my opinion, require thorough investigation. It is indeed a fact that in a large number of schools and colleges in the State of U.P. no proper education is being imparted. Anybody who goes around some of the schools and colleges in U.P. will notice that in most institutions no proper teaching is being done, there is mass copying in the examination, etc. This is indeed an alarming state of affairs because the result will be that in a generation or so a large part of the State will consist of illiterate or semi -educated people and this will greatly retard the progress of U.P. vis -a -vis other States of the country. Hence drastic measures are required to improve the state of affairs regarding education in U.P. In a large number of institutions teachers do not take interest in teaching, and this is done often because correct appointments are not made on the post of teachers. It need hardly be mentioned that appointment of a teacher is not merely a question of giving a job to one person, such appointment will have very wide repercussions because the lives of thousands of children can be ruined if incorrect appointment is made of a teacher, and conversely if correct appointments are made then thousands of school children will be benefited. Hence the field of education which is today totally neglected in the State of U.P. needs to be drastically remedied and improved if the State is to progress, otherwise it will totally stagnate and even go downhill.
(3.) THE importance of education has been emphasized by the Supreme Court in Unni Krishnan v. State of Andhra Pradesh : 1993 (1) S.C.C. 645 and I have mentioned the value of education in a decision given by me in S.K. Dixit v. D.I.O.S., Agra and others, 1995 (26) A.L.R. 601, but it is deeply regretted that in U.P. the authorities are not giving proper importance to the field of education and appointment of teachers are often made on the basis of casteism, nepotism and, if reports are believed, even on monetary considerations.;