KATHURIA PUBLIC SCHOOL Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) Education is the substratum for development of any civilization. Progress of education requires discipline both amongst the teachers and taught. The absence in a large measure of both has been impediment in our country at least for the last couple of decades. This has resulted in both statutory enactments and judicial pronouncements setting the norms for the manner in which education both at school and higher levels is to be imparted.

(2.) The Delhi School Education Act, 1973 (hereinafter to be referred to as, the said Act) and the Rules enacted thereunder being The Delhi School Education Rules, 1973 (hereinafter to be referred to as, the said Rules) came into being as a step in this direction. The preamble to the said Act states as under: An Act to provide for better organization and development of school education in the Union Territory 'of Delhi and for matters connected therewith or incidental thereto.

(3.) The Apex Court has had many occasions to deal with the various aspects arising from imparting of education in the country. These include matters such as admission criteria, fee structure, administration of institutions, qualification and requirement of teachers and lecturers and. their discipline and manner of employment. It is unfortunate that a fair amount of litigation has arisen on account of disputes between the management and the teaching staff in our country, which has resulted in its own jurisprudential development. There are both aided and unaided institutions. There are further rights of the minority institutions protected under the scheme of our Constitution. All these aspects have been commented upon by the Apex Court.