RAMJI TIWARI Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) This writ petition had been allowed by my judgment dated 6-3-1997. However, I had also directed in my judgment that the petition should be listed again before me on 11-9-1997 for monitoring the result of the general mandamus issued in the said judgment. Today Sri J. J. Munir and Sri J.A. Azmi, learned counsels for petitioners, Sri V. N. Agarwal, learned Standing Counsel and Sri Iftikhar Nazim, Deputy Secretary, Government of U.P. appeared befere me and I have heard them and discussed the matter.

(2.) One of the basic requirements for complying with the mandamus in the judgment dated 6-3-1997 See (1997)1 UPLBEC 690, will be the need of huge funds so as to finance primary education in this State. In this connection I may mention that in all Western Countries education up to High School is almost free and it is financed by taxation (usually by a tax on real estate). In my opinion in order to implement the judgment of the Hon'ble Supreme Court in Unni Krishnan's case AIR 1993 SC 2178 as well as my judgment dated 6-3-1997, Parliament should impose an education cess for raising the required funds, (there does not appear to be any taxing entry in the state or concurrent list of the seventh Schedule to the Constitution enabling the State Legislature to impose such a tax). The public will not oppose this tax because it will be for the benefit of the next generation who are our children. In my opinion this is the only practical way of generating the funds which are required to comply with the direction of the Hon'ble Supreme Court in Unni Krishan's case to provide free and compulsory education to every child upto the age 14 years Hence I direct the State Government to take immediate steps in this connection and approach the Central Government for introducing a bill in parliament for this purpose.

(3.) I would like to emphasize here the economic growth of a nation has a direct and intimate connection with the literacy rate, as has been discussed in my judgment dated 6-3-1997 See (1997) 1 UPLBEC 690, Every rupee invested in education will yield 10 times returns in the form of higher economic growth. All modern nations are almost 100% literate. Hence education is of paramount importance if we want our nation to prosper.