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2009 Supreme(Mad) 5121
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE K. CHANDRU
Kalaimagal Kalvi Nilayam Managing Committee represented by its Managing Trustee
Versus
The Government of Tamil Nadu, represented by its Secretary, School Education Department & Others
W.P.NO.21440 of 2009 and M.P.NO.1 OF 2009
Decided On : 27-11-2009
For the Petitioner:K. Doraisamy, SC for Kandan Doraisamy, Advocate.
For the Respondents: Ms. Dhakshayini Reddy, GA (Education).
The central legal point established in the judgment is the obligation of the State to secure the right to education and the importance of education as a national wealth essential for progress and prosperity.
Headnote:
Education - Right to Education - Article 41, Article 51-A(h), Article 51-A(j), Constitution of India - 1973 (T.N.Act 29/74) - The judgment discusses the obligation of the State to secure the right to education, the duty to impart education, and the importance of education as a national wealth essential for progress and prosperity. It also highlights the provisions of the Constitution and the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973.
Fact of the Case:
The petitioner, an educational agency, sought permanent recognition for its matriculation school. The authorities had rejected the request, leading to the filing of the writ petition.
Finding of the Court:
The court found that the petitioner had purchased land and was willing to rectify any defects pointed out by the authorities. It directed the second respondent to grant recognition to the petitioner school within four weeks.
Issues: The issues revolved around the grant of permanent recognition to the petitioner's matriculation school, the ownership of land, and the compliance with regulations.
Ratio Decidendi: The court held that the petitioner's ownership of land and willingness to rectify any defects warranted the grant of recognition. It emphasized the importance of education and the State's duty to ensure the right to education.
Final Decision: The writ petition was allowed, and the court directed the second respondent to grant recognition to the petitioner school within four weeks.
Right to "Education":
"87. Under Article 41 of the Constitution, right to education, amongst others, is obligated to be secured by the State by making effective provision therefor. Fundamental duties recognised by Article 51-A include, amongst others: Article 51-A(h) to develop scientific temper, humanism and the spirit of inquiry and reform; and Article 51-A(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement. None can be achieved or ensured except by means of education. It is well accepted by the thinkers, philosophers and academicians that is JUSTICE, LIBERTY, EQUALITY and FRATERNITY, including social, economic and political justice, the golden goals set out in the preamble to the Constitution are to be achieved, the Indian polity has to be educated and educated with excellence. Education is a national wealth which must be distributed equally and widely, as far as possible, in the interest of creating an egalitarian society, to enable the country to rise high and face global competition. "Tireless striving stretching its arms towards perfection" (to borrow the expression from Rabindranath Tagore) would not be successful unless strengthened by education.
88. Education is:
"... continual growth of personality, steady development of character, and the qualitative improvement of life. A trained mind has the capacity to draw spiritual nourishment from every experience, be it defeat or victory, sorrow or joy. Education is training the mind and not stuffing the brain."
(See Eternal Values for A Changing Society, Vol.III -Education for Human Excellence, published by Bharatiya Vidya Bhavan, Bombay, at p.19.)
"We want that education by which character is formed, strength of mind is increased, the intellect is expanded, and by which one can stand on ones own feet. ... The end of all education, all training, should be man-making. The end and aim of all training is to make the man grow. The training by which the current and expression of will are brought under control and become fruitful is called education." (Swami Vivekanand as quoted ibid., at p.20.)
89. Education, accepted as a useful activity, whether for charity or for profit, is an occupation. Nevertheless, it does not cease to be a service to society. And even though an occupation, it cannot be equated to a trade or a business.
90. In short, education is national wealth essential for the nations progress and prosperity.
-P.A. Inamdar VS. State of Maharashtra (2005 (6) SCC 537)
Private Partnership: "54. The States have a duty to impart education and particularly primary education having regard to the fact that the same is a fundamental right within the meaning of Article 21 of the Constitution of India, but as the Government had neither resources nor the ability to provide for the same, it appears, the legislature permitted the societies/trusts to establish the educational institutions from the savings made by them from the unaided institutions."
-Modern School Vs. Union of India (2004 (5) SCC 583)
About the petitioner School:
@ From the letter, dated 9. 2009 of Erode District Collector to Director of Matriculation School, Chennai-6.
These quotes will set the tone to decide the issue of grant of permanent recognition to the petitioners matriculation school at Erode.
2. The writ petition is filed by the petitioner Educational agency seeking to set aside the order of the fourth respondent, dated 2. 2008 as well as the order of the second respondent, dated 10. 2009 and for a consequential direction to grant permanent recognition to Kalaimagal Kalvi Nilayam Girls Matriculation School, Erode.
3. When the matter came up on 210. 2009, the learned Government Advocate (Education) took notice. Pending further order, this Court granted an interim injunction restraining the authorities from transferring the students of Kalaimagal Kalvi Nilayam Girls Matriculation
