JUDGMENT

A. S. NAIDU, J. — According to Justice Gajendaragadkar (as he then was) in the case of University of Delhi v. Ram Nath, AIR 1963 SC 1873 :

“Education seeks to build up the personality of the people by assisting his physical, intellectual, moral and emotional development”.

2. Supreme Court as long back as in 1993 in the case of Unni Krishnan J.P. v. State of Andhra Pradesh (AIR 1993 SC 2178) observed :

“ A true democracy is one where education is universal, where people understand what is good for them and the nation and know how to govern themselves. The three Articles 45, 46 and 41 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 education 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 14 years and (b) after a child/citizen completes 14 years, his right to education is circumscribed by the limits of economic capacity of the State and its development.”

3. The question which arises in the present case is as to whether the aforesaid Cons