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2018 Supreme(Raj) 818

IN THE HIGH COURT OF JUDICATURE AT RAJASTHAN BENCH AT JAIPUR
VEERENDR SINGH SIRADHANA, J.
DHARMENDRA KUMAR BHINCHAR — Appellant
Vs.
STATE OF RAJASTHAN THROUGH PRINCIPAL SECRETARY — Respondent
Civil Writs No. 2902 of 2018, 19113 of 2017
Decided on : 21-08-2018

Advocates:
Advocate Appeared:
Anoop Dhand, A.K. Sharma, Rachit Sharma, S.K. Gupta, Vigyan Shah, Shobhit Tiwari, S.N. Kumawat, Ripunjay Sharma, Punit Singhvi, G.L. Sharma, Ajay Choudhary, Laxmi Kant Malpura, Adv.

Headnote:

Constitution of India 1950 – Article 226 and 21A - UGC Act of 1956 – Section 22 and Section 26 - Right of Children to Free and Compulsory Education Act 2009 – Section 23 - Rules of 1996 – Rule 266 - Appointment –- Nation is dependent on quality of teachers - Quality of education imparted to future citizens of nation is dependent on quality of teachers who are appointed to teach - Hence in aforesaid context education of teachers in education system is of a great importance which in turn would be reflected in development of a country - Education provides opportunities for multi dimensional development of potentialities in individuals of nation who in turn are responsible for development of nation - Education is a fundamental right of every citizen in India – Held, Hence a teacher who himself has not studied subject which he is to teach if appointed would be damaging to very concept of quality education - A teacher is often called nation builder for he is one who molds young minds - Hence quality of a teacher is directly Proportional to quality education. Untrained or ill-trained teacher in concerned subject will be detrimental to entire education system which in turn will be an irreparable loss to nation - Therefore need for quality teachers who have studied subject which they are supposed to teach is sine qua non for quality education - For reasons and discussions aforesaid writ applications succeed and are hereby allowed – Appeal allowed

JUDGMENT

Veerendr Singh Siradhana, J.

"Only A GREAT TEACHER CAN MOULD A GREAT STUDENT"

2. A glance of the well known saying, would reflect the importance of the role of teachers in molding the youth and children of a nation into the worthy citizens of the future. Teachers are often recognized as ‘nation builders’ for they are instrumental in shaping the citizens of future of the nation. Thus, tremendous responsibility the teachers are required to shoulder and it needs no further amplification. The quality of education imparted to the future citizens of the nation is dependent on the quality of teachers who are appointed to teach. Hence, in the aforesaid context, education of the teachers in the education system is of a great importance which in turn would be reflected in the development of a country. Education provides opportunities for multi dimensional development of potentialities in the individuals of the nation who in turn are responsible for development of the nation. Education is a fundamental right of every citizen in India. This is stated as per the 86th Constitution Amendment Act via Article 21A. Thus, it is essential for the country to achieve the object not only "education for all" but "quality education for all".

3. According to Programme in International Student Assessment (PISA), which conducted a survey testing 15 years olds from 74 nations, reflects that Shanghai is at the top in the ranking while Tamil Nadu and Himachal Pradesh, found place at serial number 73 out of 74, only above Kyrgyzstan which has a geographical area less than State of Maharasthra. The poor quality of Indian Education has also been reflected by the Annual Status of Education Report (ASER). According to the report 50% of Class V students cannot read textbooks of Class two standard and 40% of Class V students failed to solve a two digit subtraction. Further, the report also reflected absenteeism of the students to the extent of 50% and the teachers were not far behind with 45% absenteeism. Wipro's Quality Education Study as cited in Mukherjee, which surveyed India's elite schools reflects that the learning levels in these schools are not at par with international standards. Thus, conclusions of the aforesaid three reports are clearly indicative of the poor quality of the education in the country. Hence, it goes without saying that the quality of education would be dependent on the quality of teachers.

4. Quality criteria must reflect the overall objectives of higher education, notably the aim of cultivating in students critical and independent thought and the capacity of learning throughout life. It should encourage "innovation and diversity" is a statement by the World Conference on Higher Education, 2009. Here, it will also be profitable to take note of the statement made in the final report by National Knowledge Commission-2009, observing that "the training of teachers is a major area of concern at present, since both pre-service and in-service training of school teachers is extremely inadequate and also poorly managed in most states." Thus, only expansion in the teacher education programmes to achieve the target of "reaching the unreached" and "serving the unserved"; the quality of education should not be compromized for often quantity would reflect quality going down, if the expansion is not carried out properly. It is, in this background, I proceed to examine the question raised in the instant batch of writ applications for determination.

5. Whether a candidate is eligible for appointment on the post of language Teacher who did not have that language as optional subject in three year graduation degree course ? Is the question for adjudication in the above noted two writ applications.

6. Shornoff unnecessary details, the essential skeletal materials facts are: that the State-respondents issued advertisement dated 11th September, 2017, inviting applications from eligible candidates, amending the earlier notification dated 6th July, 2016 (Raja
































































































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