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1998 Supreme(All) 868
IN THE HIGH COURT OF ALLAHABAD
S. H. A. Raza, J.
RAVINDRA KUMAR, ADVOCATE - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Writ Petition 1746 (M/s) Of 1998
Decided On : 08/13/1998
H.S.JAIN
The right to education is a fundamental right and the state government has a duty to ensure the provision of education to students and to take steps to prevent disruptions to the educational system.
Headnote:
EDUCATION - RIGHT TO EDUCATION - STRIKE BY TEACHERS - LEGALITY - U. P. BASIC SHIKSHA ACT, 1972 - CONSTITUTION OF INDIA, ARTICLES 21, 39(F), 45 - CONVENTION ON THE RIGHTS OF THE CHILD.
Fact of the Case:
A public interest litigation was filed challenging the legality of a strike by teachers in Uttar Pradesh, which resulted in the disruption of education for students. The petitioner argued that the strike violated the fundamental right to education guaranteed under Article 21 of the Constitution of India and sought various reliefs, including a declaration that the strike was illegal, a direction to the state government to ensure the opening of schools and colleges, and a prohibition on the payment of salaries to striking teachers.
Finding of the Court:
The court held that the right to education is a fundamental right and that the strike by teachers was illegal. However, the court declined to issue specific directions to the state government on matters of policy, such as the payment of salaries to striking teachers or the termination of their services. The court expressed the hope that the teachers would fulfill their obligations to the students and that the state government would increase the budgetary allocation for education and resolve the dispute with the teachers expeditiously.
Issues: 1. Whether the strike by teachers was illegal. 2. Whether the state government was obligated to ensure the opening of schools and colleges. 3. Whether the striking teachers were entitled to receive their salaries for the period of the strike. 4. Whether the state government could terminate the services of striking teachers.
Ratio Decidendi: 1. The right to education is a fundamental right guaranteed under Article 21 of the Constitution of India. 2. The strike by teachers disrupted the education of students and violated their fundamental right to education. 3. The state government has a duty to ensure the provision of education to students and to take steps to prevent disruptions to the educational system. 4. The payment of salaries to striking teachers is a matter of policy for the state government to decide. 5. The termination of the services of striking teachers is a matter of policy for the state government to decide.
Final Decision: The court disposed of the writ petition, holding that the strike by teachers was illegal but declining to issue specific directions to the state government on matters of policy.
( 1 ) MR. H. S. Jain, the learned counsel for the petitioner, espousing the cause of millions of students, studying in Primary as well as Secondary Schools, all over the State, submitted that right of students to receive education who will determine the future of this country, cannot be spoiled by those teachers who went on strike which was declared illegal by the State of U. P.
( 2 ) RIGHT of education in J. P. Uni Krishnan v. State of Andhra Pradesh, (1993) 1 SCC 642, has been held a fundamental right by Honble Supreme Court of India as that right is embedded under Article 21 of the Constitution of India. The petitioner who is a practising lawyer of this court, by way of public interest litigation, has raised several grievances against the teachers who went on strike recently and prayed for grant of several reliefs which are mentioned hereinunder :
(1) issue a writ, order, direction or declaration to the effect that strike in schools and colleges being run under the Basic Shiskha Act, 1972. as well as the educational institutions recognised by the Director of Education, U. P. , and the Board of High School and Intermediate Education, u. P. and the Government Secondary Institutions, is illegal being violative of students fundamental right to education
(2) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to ensure the opening of schools and colleges being run under the U. P. Basic Shiksha Act, 1972 and the educational institutions recognised by the Director of Education, U. P. and the Board of high School and Intermediate Education, U. P. as also the Government Secondary Institutions.
(3) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to take all measures for imparting education and smooth running of classes in the institutions being run by the opposite parties ;
(4) issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to pay any salary to the teachers, of the institutions, for the period they did not or do not perform their duties, applying the principle no work no pay;
(5) issue a writ, order or direction to the effect that strike period shall be taken as break in the services of striking teachers in the institutions ;
(6) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to take suitable action against the striking teachers dispensing with their services and make fresh appointments in their place ;
(7) Issue appropriate writ, order or direction in the nature of mandamus commanding the opposite parties, not to charge any fees from the students in the institutions for the period the classes were not running and institutions were closed due to strike :
(8) Issue an appropriate writ, order or direction in the nature of mandamus commanding the opposite parties not to reinstate those teachers whose services have been dismissed, terminated/dispensed with by them due to strike :
(9) issue any other appropriate writ, order or direction as the Honble Court may deem fit under the circumstances of the case and in the interest of justice.
( 3 ) A child can develop to be a responsible and productive member of the society only when he is imparted education. If a child or student is deprived of his education, nation is also deprived of the potential human resources for social progress. The Constitution of India has bestowed the importance of the role of the child in Its best for development. Article 39 (f) enjoins that the state shall direct its policy towards securing that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and the childhood and youth are protected against exploitation and against moral and material abandonment. Article 45 mandates that the State shall endeavour to provide free compulsory education to all children until they complete the age of 14 years. The period of ten years
