DEMOCRACY, RIGHT TO EDUCATION AND THE ROLE OF TEACHERS: A CRITICAL STUDY IN THE LIGHT OF BHARTIYA SEVA SAMAJ TRUST TR PRES'S CASE
The State is under a Constitutional obligation to provide educational opportunities to children, besides providing protection and prevention of health and strength and also to protect children of tender age against abuse of opportunities. The promotion and welfare of the children together with educational
opportunities to them has become a necessary Constitutional mandate. Educational opportunities must include all the infra-structure needed to impact education and also highly competent, qualified and experienced teachers to impart education to the children.
For details see Art 21 of the Constitution read with Art 39, 41 and 42 of the Constitution.
AIR SCW P.1332.
State of Uttarchal & another Vs. Ajit Singh Bhola & another (2004)6 SCC P.800; See also Gadde Venkateshwara Rao Vs. Govt. of A.P. & others, AIR 1966 SC P.828; Maharaja Chintamani Saran Nath Shah Deo Vs. State of Bihar & others, AIR 1999 SC P.3409; Mallikarjuna Mudhagal Nagappa & others Vs. State of Karnataka & others, AIR 2000 SC P.2976 and Chandra Singh Vs. State of Rajasthan, AIR 2003 SC P.2889.
Andhra Kesari Education Society Vs. Director of School Education & others, AIR 1989 SC P.183.
Miss. Mohini Jain Vs. State of Karnataka & others, AIR 1992 SC P.1858.
Unni Krishnan J.P. & others Vs. State of A.P. & others, AIR 1993 SC P.2178.
See Art 21-A introduced by the Constitution Amendment, 2002. See also Amendment to Art 45 making it obligatory on the part of the State to impart free education to children. Art 51-A amendment (k) provides obligatory on the part of the parents to provide educational opportunities to their children (between age of 6 to 14).
See Supra Para 15.
Ashok Kumar Thakur Vs. Union of India AIR 2008 SC (Suppl) 2008 AIR SCW P.2899.
Supra Para 16.
AIR 2011 SC P.3470.
Supra Para 18.
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