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2001 Supreme(Ori) 123

A.S.NAIDU
Sabita Swain – Appellant
Versus
State of Orissa – Respondent


ORDER

27.3.2001 - Can lack of budgetary provisions stand on the way of dis¬bursing arrear salaries of teachers, whose services have been approved and who are/were receiving salary, is the ratio of this case.

2. A true democracy is one where education is universal, where people understand what is good to them and the nation, and know how to govern themselves. The three articles i.e. Articles 45, 46 and 41 of the Constitution of India are designed to achieve the said goal among others. It is in the light of these Articles that the content and parameters of the right to educa¬tion have to be determined. Right to education, understood in the context of Articles 45 and 41 means, (a) every child/citizen of this country has a right to free education until he completes the age of fourteen years, and (b) after a child/citizen completes fourteen years, his right to education is circumscribed by the limits of the economic capacity of the State and its development. The right to education further means that, a citizen has a right to call upon the State to provide educational facilities to him within the limit of its economic capacity and development. The apprehension that reading of the right t










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