TMI Blog1998 (11) TMI 693X X X X Extracts X X X X X X X X Extracts X X X X ..... d that originally by order dated 4-9-1997 (Annexure-1) the Sub-Collector, Khurda was nominated by the Government as the President of the Governing Body. Subsequently by order dated 21-11-1997 (Annexure 2), the impugned order nomination of Rama Chandra was approved by the Director. The Sub-Collector was approved as the Member of the Governing Body. 3. A brief history of the power relating to such nomination needs to be noted. The fore-runner of the present Rules was The Orissa Education (Management of Private Colleges) Rules, 1979 (hereinafter referred to as the 'old Rules'), Sub-rule (3) of Rule 3 of the said Rules held the field so far as nomination is concerned. The requirement then was 'person interested in the field of education'. Subsequently it was substituted by the expression 'eminent educationist'. The expression 'eminent educationist' has not been defined. An Educationist is 'one who is skilled in the methods of education and teaching', and 'one who promotes education'. The expression had come up for consideration in several cases before this Court, and it was felt that neither it is easy to explain nor to conceive. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which may include the donor donating rupees fifty thousand or more, if any, one person from the Scheduled Tribe/Scheduled Caste community and one woman shall be nominated by the President of the Governing Body to be members of the Governing Body. (2) The constitution of the Governing Body and any change in the membership shall be intimated by the Secretary of the Governing Body to the Director. (3) The Director, on receipt of the intimation from the Secretary may either approve the list or suggest change with reasons within thirty days from the date of its receipt. If no communication is received from the Director, Secondary Education in this regard within a period of thirty days, it shall be deemed to have been approved : Provided that change, if any, suggested by the Director, shall be considered by the President of the Governing Body who shall re-submit the list either accepting the change or not, to the Director within 15 days from the date of receipt of the communication after which the Director shall approve the same : Provided further that no meeting of the Governing Body convened during the intervening period (from-the date of intimation till the date of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not require any emphasis. 8. The fundamental purpose of Education is the same at all times and in all places. It is to transfigure the human personality into a pattern of perfection through a synthetic process of the development of the body, the enrichment of the mind, the sublimation of the emotions and the illumination of the spirit. Education is a preparation for a living and for life, here and hereafter. 9. An old Sanskrit adage states : That is Education which leads to liberation' -- liberation from ignorance which shrouds the mind; liberation from superstition which paralyses effort, liberation from prejudices which blind the Vision of the Truth. 10. In the context of a democratic form of Government which depends for its sustenance upon the enlightenment of the populace, education is at once a social and political necessity. Even several decades ago, our leaders harped upon universal primary education as a desideratum for national progress. It is rather sad that in this great land of ours where knowledge first lit its torch and where the human mind soared to the highest pinnacle of wisdom, the percentage of illiteracy should be appealing. Today, the fronti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hall be equally accessible to all on the basis of merit. 16. In Bandhua Mukti Morcha v. Union of India the Apex Court held that the right to life guaranteed by Article 21 does take in 'educational facilities'. Having regard to the fundamental significance of education to the life of an individual and the nation, and adopting the reasoning and logic adopted in the earlier decisions of the Apex Court, it was held, agreeing with the statement in Bandhua Mukti Morcha, that right to education is implicit in and flows from the right to life guaranteed by Article 21. That the right to education has been treated as one of transcendental importance in the life of an individual has been recognised not only in this country since thousands of years, but all over the world. Without education being provided to the citizens of this country, the objectives set forth in the Preamble to the Constitution cannot be achieved. The Constitution would fail. We do not think that the importance of education could have been better emphasised than in the above words. The importance of education was emphasised in the 'Lacthishatakam' by Bhartruhari (First Century B.C.) in the following w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re, the allegations go unrefuted. 19. It is submitted by the learned Addl. Government Advocate that many times false cases are foisted on account of political personal rivalries. 20. Rule 29 (c) provides that a person shall be disqualified to become a Member of the Governing Body or to continue as such if he is convicted of an offence involving moral turpitude under any law for the time being in force. Since the criminal proceeding is subjudice and no final adjudication has been made, question of removing him does not arise. 21. It is to be noted that the real purpose of nominating a person interested in the field of education as President is to bring in an academic atmosphere in the institution. Students are at the threshold of going for higher studies. That being the background, all possible efforts should be taken to see that the persons who are nominated do not have black-track record. It may be that false accusations on account of political or personal rivalries are made. But the nominating authorities, more particularly when it is the State Government should steer-clear of all sorts of controversies. 22. It should be borne in mind that educational atmosphe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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