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2011 Supreme(Del) 296

DIPAK MISRA, SANJIV KHANNA
Saheed Capt. D. K. Khola College of Education – Appellant
Versus
National Council for Teacher Education – Respondent


Advocates:
Counsels:
For Appellant/Petitioner/Plaintiff: Sanjay Sharawat, Adv. in LPA Nos. 242, 243, 313, 314, 315, 316, 318 and 320 of 2011, Raj K. Ruhil and Vivek Malik, Advs. LPA Nos. 358 and 359 of 2011
For Respondents/Defendant: Mayank Manish and Amitesh Kumar, Advs.

JUDGMENT

Dipak Misra, C.J.

1. Not for nothing it has been said, training is the first foundation of life and better than an abstract concept. Training is fundamentally governed by reason which is tested on the touchstone of logic and rational acceptability. It distances itself from desire, habitual disobedience and unfettered feelings. In a cultured society which is governed by Rule of Law, the command of law is an imperative prescription. The collective at large is assured of what is just and right. It ostracises any reason based on ignorance as well as pretence. It does not countenance any allowance to any deviation or artificially contrived path. In a State where the Rule of Law is supreme, it is not expected to have any kind of conflict and hazard which is hostile to it. Warren E. Burgern, in one of his addresses, had spoken thus:

Rule of law places restraints on individuals and on governments alike. This is a delicate, a fragile balance to maintain. It is fragile because it is sustained only by an ideal that requires each person in society, by an exercise of free will, to accept and abide the restraints of a structure of laws.

2. It is apt to note here that sometimes, some individ


























































































































































































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