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Bhartiya Seva Samaj Trust Tr. Pres. and Anr. Versus Yogeshbhai Ambalal Patel and Anr.

2012 (9) TMI 1110 - SUPREME COURT OF INDIA

CIVIL APPEAL NO. 6463 OF 2012 - Dated:- 14-9-2012 - Dr. B.S. CHAUHAN AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ. For The Appellant : Mrs. Sumita Ray,Adv. For The Respondent : Caveator-In-Person JUDGMENT Dr. B.S. CHAUHAN, J. 1. This appeal has been preferred against the impugned judgment and order dated 26.7.2012 passed by the High Court of Gujarat, Ahmedabad in Letters Patent Appeal No.1367 of 2008 in Special Civil Application No.6346 of 2006. 2. Facts and circumstances giving rise to this appeal .....

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ice he was also given the cheque towards salary for the month of March 1998. He was asked to submit reply to the said notice within 15 days. The notice was issued on the ground that he did not possess the eligibility for the said post and proper procedure had not been followed for making the appointment. C. The respondent No.1 did not submit any reply to the aforesaid notice. Thus, the appellant Trust passed the order dated 30.4.1998 terminating his services on the ground that his appointment wa .....

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8 before the Gujarat Primary Education Tribunal on 11.5.1998 and asked for quashing of the said order and for reinstatement with all back wages. The appellant contested the said application and submitted the written statement etc. Parties were given the liberty by the Tribunal to examine and cross-examine the witnesses examined by the parties. The Tribunal vide judgment and order dated 21.1.2006 allowed the application of the respondent No.1 directing the appellant to reinstate him and also to p .....

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d seeking approval of the statutory authorities before giving effect to the order of termination. G. Aggrieved, the appellant challenged the said judgment and order by filing Letters Patent Appeal No.1367 of 2008 which has been dismissed by order dated 1.12.2008. Hence, this appeal. 3. Shri Percy Kavina, learned Senior Advocate appearing on behalf of the appellant, has submitted that the respondent No.1 possesses the qualification of B.Sc.; B.Ed., but the required qualification for a Primary Sch .....

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le in law. The courts below must have ensured strict compliance of the statutory provisions of the Act and have swayed with unwarranted sympathy with the respondent No.1. Thus, the appeal deserves to be allowed. 4. On the contrary, the respondent No.1 appeared in person as a Caveator and has submitted that he had applied in pursuance of an advertisement wherein the eligibility i.e. qualification was shown as B.Sc.;B.Ed/B.A.;B.Ed. The vacancies had been advertised in local newspaper having wide c .....

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the appellant s School. Respondent No.1 had been chosen to be removed for extraneous reasons and had been deprived of his legitimate dues. His selection was made by the Committee consisting of the representatives of the appellant Trust as well as Government officials after being fully satisfied regarding the eligibility of the respondent No.1. The appellant Trust cannot be permitted either to make discrimination amongst employees or to take the benefit of its own mistake and that too at such a b .....

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against the action proposed to be taken in regard to him; and ii) the action proposed to be taken in regard to him has been approved in writing by the administrative officer of the school board in the jurisdiction of which the private school is situated. (b) The administrative officer shall communicate to the manager of the school in writing his approval of the action proposed, within a period of forty five days from the date of receipt by the administrative officer of such proposal. (2) Where t .....

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the respondent No.1 and secondly, no approval from the competent authority was sought for by the School management. 7. Shri Percy Kavina, learned Senior Advocate appearing on behalf of the appellant, has fairly conceded to the effect that the said statutory provisions of Section 40B of the Act had been violated on both counts. In view of the above, the facts and circumstances of the case do not warrant review of the orders passed by the High Court as well as by the Tribunal. However, Shri Percy .....

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e Management shall appoint only trained teacher who have passed the Secondary School Certificate Examination and also the Primary Training Certificate Examination. For special subjects, teachers shall be recruited in accordance with the qualification laid down by the Government for such teacher under the vacancies in the District Education Committees or Municipal School Boards in the State from time to time. Thus, it has been submitted by Shri Percy Kavina that in order to enforce the statutory .....

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esh & Ors., AIR 1966 SC 828; Maharaja Chintamani Saran Nath Shahdeo v. State of Bihar & Ors., AIR 1999 SC 3609; Mallikarjuna Mudhagal Nagappa & Ors. v. State of Karnataka & Ors., AIR 2000 SC 2976; Chandra Singh v. State of Rajasthan, AIR 2003 SC 2889; and State of Uttaranchal & Anr. v. Ajit Singh Bhola & Anr., (2004) 6 SCC 800). 9. In State of Orissa & Anr. v. Mamata Mohanty, (2011) 3 SCC 436, this Court while considering the similar issue where teachers had been appo .....

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y fixed by the Legislature in the said case, pointing out that, as those persons have to handle with the tiny tods, therefore, the teacher alone could bring out their skills and intellectual activities. He is the engine of the educational system. He is a superb instrument in awakening the children to cultural values. He must possess potentiality to deliver enlightened service to the society. His quality should be such as could inspire and motivate into action the benefiter. He must keep himself .....

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tender age children against abuse of opportunities and further provides for providing the educational facilities. 12. In Miss. Mohini Jain v. State of Karnataka & Ors., AIR 1992 SC 1858, this Court while dealing with this issue held that without making right to education under Article 41 of the Constitution a reality, the fundamental rights under Chapter III shall remain beyond the reach of the large majority which are illiterate. The State is under an obligation to make an endeavour to prov .....

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amp; Ors., AIR 1993 SC 2178, this Court considered a large number of judgments on this issue and came to the conclusion that the right to education is contained in as many as three Articles in Part IV, viz., Articles 41, 45 and 46, which shows the importance attached to it by the founding-fathers. Even some of the Articles in Part III, viz., Articles 29 and 30 speak of education. The Court further held that right to compulsory and free education up to the age of 14 years is a fundamental right o .....

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e clause- k has also been made making it obligatory on the part of the parents to provide opportunities for education to their children between the age of 6 to 14 years. 15. Thus, in view of the above, it is evident that imparting elementary and basic education is a constitutional obligation on the State as well as societies running educational institutions. When we talk of education, it means not only learning how to write and read alphabets or get mere information but it means to acquire knowl .....

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fore, not merely the responsibility of schools run or supported by the appropriate Governments, but also of schools which are not dependent on Government funds. Every generation looks up to the next generation with the hope that they shall build up a nation better than the present. Therefore, education which empowers the future generation should always be the main concern for any nation. 16. Right to education flows directly from Article 21 and is one of the most important fundamental rights. In .....

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- the fundamental stress has to be on primary and elementary education, so that a proper foundation for higher education can be effectively laid. Hence, we see that education is an issue, which has been treated at length in our Constitution. It is a well accepted fact that democracy cannot be flawless; but, we can strive to minimize these flaws with proper education. Democracy depends for its very life on a high standard of general, vocational and professional education. Dissemination of learnin .....

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right of a child should not be restricted only to free and compulsory education but should be extended to have quality education without any discrimination on economic, social and cultural grounds . 18. In view of the above, education and particularly that of elementary/basic education has to be qualitative and for that the trained teachers are required. The Legislature in its wisdom after consultation with the expert body fixes the eligibility for a particular discipline taught in a school. Thu .....

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