SATYA NARAYAN PANDEYAND CITIZENS AND CAUSE Vs. STATE OF JHARKHAND
LAWS(JHAR)-2002-12-85
HIGH COURT OF JHARKHAND
Decided on December 03,2002

Satya Narayan Pandeyand Citizens And Cause Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) Education is the foundational edifice of the Rule of law. Rule of law, in turn, is so inextricably interlined with democracy that one can not survive without the other. Rule of law and democracy are so synonymous with each other that both co-exist in each other's companionship and blemish or attack on the one directly results in the other becoming non-functional. Education to the citizens of a country practicing Rule of law and democracy is one medium which readies the citizens not only to profess, but practice Rule of law and democracy. Education with it brings literacy; literacy in a way is a consequence of being educated. If the citizens are properly educated and are literate, they are in a position to differentiate between evil and the good, between that is required and desired by them and what should be rejected and discarded by them. That is why it is often said that the educated masses are the assets of a democracy and that democracy in it pristine glory props up Rule of law which in turn upholds the foundations of democracy.
(2.) Education promotes development. Literacy, which comes only by education brings about a state of mind in the citizens where they are able to free themselves from the shackles to exploitation. Education, indeed more and higher education, equips the citizens in properly identifying the right choice for the election of their representatives in various Elective Bodies as prescribed by the Constitution and the laws. All said and done, education, perhaps, is the single-most important virtue that a human being can possess. Up till now, despite the passage of 55 years of Independence of our Country, a vast majority of the toiling millions of the Country have been deprived of this single-most important virtue. The recently concluded 10-yearly national Census has established that in Jharkhand State, the levels of education and literacy are not very high; if at all, they are very very low, as compared to the national level.
(3.) In a recently pronounced landmark judgment, in the case of T.M.A. Pai Foundation and Ors. v. State of Karnataka and others (reported in JT 2002 (9) SC 1) an 11 Judge Constitution Bench of the Supreme Court on the subject of education clearly found itself deliberating on the quality of teachers because it is the community of Teachers who, mainly and primarily would be responsible in educating the citizens of this country. Actually their Lordships in the aforesaid case were also deliberating upon and discussing the issue of child education and while reconsidering the propositions of law, earlier founded by the Supreme Court in the case of Unni Krishnan, J.P. and Ors. v. State of Andhra Pradesh and Ors. (reported in JT 1993 (1) SC 474), (even while in the process of re-considering the correctness of the aforesaid judgment on some other issues and aspects) reconfirmed and reiterated the one and only one basic philosophy that child education, in other words, education up to the age of 14 years, is a fundamental right, an enforceable right, of all citizens of this country. In other words, what their Lordships held was that education up to the age of 14 years is compulsory in nature*. It is the fundamental right of these children to be educated. Infraction of this right is not Constitutionally permissible. On the question of the excellence and the quality of teachers, the following observations in the T.M.A. Pai Foundation (supra) are apposite. We quote :-- "All education is expected to be liberal. It should free us from the shackles of ignorance, prejudice and unfounded belief. If we are incapable of achieving the good life, it is due to faults in our inward being, to the darkness in us. The process of education is the slow conquering of this darkness. To lead us from darkness to light, to free us from every kind of domination except that of reason, is the aim of education. An educational institution is established only for the purpose of imparting education to the students. In such an institution, it is necessary for all to maintain discipline and abide by the rules and regulations that have been lawfully framed. The teachers are like foster-parents who are required to look after, cultivate and guide the students in their pursuit of education. The teachers and the institution exist for the students and not vice versa. Once this principle is kept in mind, it must follow that it becomes imperative for the teaching and other staff of an educational institution to perform their duties properly and for the benefit of the students.";


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