JUDGEMENT
GOVIND MATHUR,J. -
(1.) PRIOR to independence of the country the colonial regime established a system of education that had limited access and that denied mass education with view to emphasise on confirmism to socio, political and economic system prevailing in the country in those times. On account of that the Indian National Movement desired for an alternative educational system with an approach of 'Education for Life' as said by Mahatma Gandhi and 'Education for Self -development' as reflected in great educational experiment made by Rabindra Nath Tagaur by establishing Shanti Niketan.
(2.) THE founding fathers of our constitution recognised universalisation of educational system as a national goal, being a most effective weapon for nation building. The constituent assembly while adopting, enacting and giving to ourselves the Constitution of India under the directive principles of the State policy envisaged that the State shall endeavour to provide free and compulsory education for children upto 14 years of age within a period of 10 years. The education policies including the National Policy on Education 1986 (as revised in 1992) resolves to provide free and compulsory education of satisfactory quality to all children upto 14 years of age before commencing of 21st Century.
The parliament by the Constitution (86th Amendment) Act, 2002 by inserting Article 21 -A made the free and compulsory education to all children of the age of 6 to 14 years as a fundamental right in the terms that 'State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State may by law determine'. By the same Amendment Act, the fundamental duty to provide opportunities for education to their children or wards, as the case may be, between the age of 6 to 14 years is prescribed for parents and guardians. To realise ever cherished desire of Indian masses to have a literate nation, the Government of India and various State Governments made sincere efforts by introducing and implementing various projects for formal and nonformal education and the latest but not least is Sarva Shiksha Abhiyan (hereinafter referred to as 'the SSA'), with following objects:
All children in school, Education Guarantee Centre, Alternate School, 'Back -to -School camp by 2003; All children complete five years of primary schooling by 2007 All children complete eight years of elementary schooling by 2010 Focus on elementary education of satisfactory quality with emphasis on education for life Bridge all gender and social category gaps at primary stage by 2007 and at elementary education level by 2010 Universal retention by 2010
(3.) TO implement 'District Primary Education Project' (hereinafter referred to as 'the DPEP'), a society in the name of Rajasthan Council of Primary Education (hereinafter referred to as 'the Council') was constituted and registered under the Rajasthan Societies Registration Act, 1958 (hereinafter referred to as 'the Act of 1958'). The Council was also nominated as nodal agency to execute the SSA in the State of Rajasthan, thus, by a notification (Anx.ll) published in a daily newspaper 'Rajasthan Patrika' Pali edition dt. 26.9.2004 the Council invited eligible and desirous persons to face interviews in respect of appointments on deputation for various posts under SSA.;
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