RAM BHAGAT SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) On 26th day of January, 1950, the people gave to themselves the Constitution of India which represents a fine synthesis and the rights and duties of the State and the citizens. The Preamble to the Constitution pronounces :-

(2.) The word ''Socialist'' was introduced in the Constitution by the Constitution (Forty-Second Amendment) Act, 1976. Part-III of the Constitution contains various provisions relating to the fundamental rights of the citizens and the individuals. It also contains several prohibitive injunctions. The provisions of Part-IV contain directive principles of State policy which are fundamental for the governance of the country. The State has been obligated to enact laws for improving the lot of the weaker sections of the society and the rural population. Part IV-A enumerates the fundamental duties of every citizen of India. In the words of K.K. Mathew, J. (Keshavananda Bharti v. State of Kerala, 1973 AIR(SC) 1461) :-

(3.) Education for all is one of the constitutional goals. It is also one of the imperative social duties of the State as envisaged under Articles 45 and 46 of the Constitution of India. In order to achieve the constitutional goal of equality and also to fulfil its social obligations towards the citizens, the State has established a hierarchy of educational institutions and an endeavour is always made to engage qualified and competent persons to teach the students. In the pre-independence era and first two decades of independence, teaching was considered to be one of the most pious duties. Members of teaching community were treated with reverence and respect in the society. However, things have dramatically changed during the last two decades. The advent of materialism has changed our value system. The profession of teaching has not remained unaffected by the see saw changes which have taken place in our social values. The evil of commercialisation has spread its tentacles in the field of education. The mad race among youngsters of the present day to get job in Government services and its agencies has largely been responsible for the mushroom growth of fake institutions which award degrees/diplomas/certificates and the same are used for getting into Government service. Of late, there has been growing realisation among right thinking people that unless immediate measures are taken to curb the menace of fake degrees, diplomas/certificates etc., the goal of education will be completely frustrated. With this object in mind, the University Grants Commission (for short 'The U.G.C.') has taken steps to identify the bogus institutions. The Courts have also taken a strict view in the matters in which employment is sought on the basis of such fake degrees, diplomas/certificates etc. The present cases are illustrative of the attempt made by the petitioners to secure employment on the basis of such types of degrees and diplomas. The petitioners have prayed for directing the official respondents to consider them for selection and appoint them as Hindi Teachers by recognising qualification of Shiksha Vishard/Language Teachers Course (O.T.) from Hindi Sahitya Sammelan, Allahabad.