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2004 Supreme(Ori) 424
2004 (II) OLR — 718
A. S. NAIDU, J.
Smt. Dipti Roy(in WP (C) No.5345/04)
Kasinath Mohapatra and others("5049/04)
Surendra Kumar Sankhua and others( "5178/04)
Dasharathi Sahoo and others( " 6321/04)
Hrushikesh Biswal and others( "7003/04)
Mantu Charan Paul and others( "7449/04)
Surendra Prasad Nayak and others( "7576/04)
Siba Charan Panda and others( "7577/04)
Akhila Kumar Prusty and others( "7674/04)
Baman Chandra Swain and others( "8031/04)
Sashibhusan Panda and others( "8085/04)
Pradeep Kumar Prasad and others( "8205/04)
Sudhakar Pradhar and others( "8364/04)
Chaitanya Charan Sahoo( "8377/04)
Dhirendra Kr. Maharana and others( "4631/04)
Bhaskar Chandra Barik and others( "5431/04)
Manorama Samuel and others( "7840/04)
Khagendranath Mohapatra( "8425/04)
Sridhar Behera( "8426/04)
Umakanta Kar( "8427/04)
Dasarathi Singh( "8428/04)
Rabinarayan Sahoo( "8429/04)
Mary Regis Nayak and others( "8699/04)
Prafulla Kumar Dash and others( "9909/04)
Balakrushna Dash and others( "9283/04)
Dilawar HG. Khan and others( "7501/04)
Pravakar Dash and others( "8695/04)
Ballava Kumar Sahu and others( "9359/04)
Nabaghana Behera and others( "9360/04)
Prafulla Kumar Sahoo and others( "9361/04)
Pravakar Das and others( "9362/04)
Brajamohan Sutar and others( "9363/04)
Rabinarayan Panda and others( "10119/04)
Narayan Chandra Swain and others( "9401/04)
Sanatan Das and others ( "10083/04)
Bikram Parida and others( "7377/04)
Smt. Alhonsa Tete( "10544/04)
Binod Kumar Rout and others( "10560/04)
Shailendra Narayan Jena and others( "9089/04)
Rabindra Kumar Parida and others( "10892/04)
Pramod Bihari Pradhan and others( "10867/04)
Chaturbhuja Barad and others( "11785/03)
Ramesh Chandra Panda and others( "2229/02)
Jadumani Sahoo and others( "3505/02)
Manoj Kumar Barik and others( "4263/02)
Radhakrushna Patra and others( "10639/00)...Petitioners
Versus
State of Orissa, represented through its Commissioner-cum-Secretary, School & Mass Education
Department and others...Opp. Parties
W.P. (C) No.5345, 5049, 5178, 6321, 7003, 7449, 7576, 7577, 7674, 8031, 8085, 8205, 8364, 8377, 4631, 5431, 7840, 8425, 8426, 8427, 8428, 8429, 8699, 9909, 9283, 7501, 8695, 9353, 9360, 9361, 9362, 9363, 10119, 9461, 10083, 7377, 10544, 10560, 9089, 10892 AND 10867 of 2004; 11785 of 2003; 2229, 3505 AND 4263 of 2002; AND 10639 of 2002.
Decided on 17th November, 2004.
For Petitioners:M/s. S. K. Misra, A. K. Mohanty, K. K. Swain, J. K. Khuntia, S. K. Jee, S. K. Das, K. Pattnaik, D. Das, R. C. Mishra, P. K. Sahu, P. K. Khuntia, M. R. Nayak, B. N. Panda-2, M. K. Sahoo & S. C. Padhi
For Opp.Parties:Mr. D. P. Sarangi, Standing Coun¬sel, School & Mass Education Department
Headnote:1. ORISSA EDUCATION (RECRUITMENT AND CONDITIONS OF SERVICE OF TEACHERS AND MEMBERS OF STAFF OF AIDED EDUCATIONAL INSTITUTIONS) RULES, 1974 - Rule 9(1) - Orissa Education (Payment of Grant-in-Aid to the High Schools and Upper Primary Schools) Order, 1994 - Orissa Revised Scales of Pay Rules, 1998 - State Government Resolution dt. 15th October, 1999 - Members of the teaching and non-teaching staff as Aided Educational Institutions - Extension of benefit of Revised Scales of Pay - Non-implementation of - Employees of the Schools Management of which was taken over were treated to be Government employees and were allowed to draw pay in the scales admissible to their counterparts in Government schools - Members of the teaching and non-teaching staff working in different Private Aided Educational Institutions are entitled to receive the same pay, dearness allowance and subsistence allowance, etc. as admissible to their counterpart in the Government Educational Institutions - Petitioners entitled to the benefits flowing out of the Resolution of Government dated 15.10.99 - Direction issued. (Paras - 11 to 25)
2. GRANT-IN-AID - Aid to Colleges is obligatory whereas providing funds for imparting education in High Schools/Upper Primary Schools and other Schools is mandatory. (Paras 24)
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 Constitutional goal or right to free educa¬tion can be achieved if the State fails to pay salaries to the teachers engaged for imparting education at the Primary and High School levels and as to whether a teacher under-paid or in some cases not paid at all for months together can discharge his pious obligations of imparting education to the children who are the future citizens of the country.
4. In modern days, education is perhaps the most important concern of a State. Laws enacted for compulsory school attendance and a great expenditure set apart for education demonstrates the commitment of a State to achieve the goal sought to be achieved by the Constitution. Education today is a principal instrument in awakening a child’s cultural value and helps in preparing him for his later professional training besides helping him to be a good citizen.
5. It was not possible for Government or local bodies to establish adequate number of educational institutions required to cater to the needs of the common populace. The State was there¬fore constrained to permit establishment of private educational institutions. In order to control the said educational institu¬tions and also to assist them to maintain the standard of education, Government took a decision to give substantial aid to such private educational institutions and nomenclature them as “Aided Educational Institutions.”
6. Section 3(b) of the Orissa Education Act, 1969 (herein¬after called ‘the Act’) defines “Aided Educational Institution” as fol¬lows :-
“Aided Educational Institution means private educational institution which is eligible to and is receiving grant-in-aid from the State Government, and includes an educational institu¬tion which has been notified by the State Government to receive grant-in-aid.”
Section 7-C(1) of the said Act defines Grant-in-aid :
“The State Government shall within the limits of its econom¬ic capacity, set apart a sum of money annually for being given as grant-in-aid to private Educational Institution in the State.”
7. In exercise of the powers conferred by Sub-section (4) of Section 7-C of the Act, the State Government framed a set of Orders for regulating payment of grant-in-aid to Private Educa¬tional Institutions, being High Schools and Upper Primary Schools, namely, the Orissa Education (Payment of Grant-in-Aid to the High Schools and Upper Primary Schools) Order, 1994 (herein¬after called “the 1994 Order”).
Order 2(1) of the said Order of 1994 catalogues the catego¬ries of Private Educational Institutions which would be consid¬ered eligible for receiving grant-in-aid under the said Order, namely, Upper Primary Schools imparting instructions or course prescribed by the State Government in Standards or Classes VI and VII or Sanskrit Tolls and Madrasas imparting equival
