(1.) THE centrum, issue that we are obligated to advert to in this batch of writ petitions, which are inseggregable and inseverable, is "education" that makes a man a complete human being in its conceptual essence and connotative continuum. In the days of yore, a realised poet Bhartruhari sang in the glory of 'vidya' in the following terms:-
(2.) IN this context, we may profitably refer to the wise saying of the great Chanakya, the eminent political philosopher of India, who in his own inimitable style expressed thus:-
(3.) WE have begun with the aforesaid prefatory note because it is the spinal issue that has spiralled to this Court, and there was quite a long debate on the said score. The main thrust is : whether the State of Madhya Pradesh which for more than last two scores and more years had endeavoured to build an educational system to make people realise their individuality in a wholesome manner to achieve the requisite goal in a democratic set up and provide such necessitus facility so that they can aspire to become a part of the global education system and, if we confer the allowance upon ourselves to state, it leaped a step forward keeping pace with the concept of modernity and progress, be allowed to crush the edifice that had been so carefully and exquisitely built with enormous and sanguine effort should the real concept of education be crucified at the altar of the literacy programme should the State be permitted to dismember and scuttle the growth of Non-Government aided educational institutions for making some improvement of Government run institutions or should they be treated with the feeling of sorority and concinnity as if they are two inseparable limbs of the same mother - the welfare State; and further whether the teachers or the Gums, who had been put on a pedestal on the basis of the principle that they had been ascribed the role AGYAN TIMIRANDHASYA GNYANANJAN SALAKYA since ages, be compelled and constrained to lead a life which is sans substance, sans spark that livens life and sans a meaningful and purposeful living. To elaborate, we are in these writ petitions, called upon to deal with a situation which, according to our humble view, is a complex one because of its own peculiarity and the attached gravity. The situation frescoes a picture where the registered societies which run educational institutions and the teachers who impart education in these educational institutions have come to the centre-stage as protagonists to canvass and propound their point of view and have called in question the pregnability and penetrability of the amendments that have been brought into the statute book, namely, the Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978 (M. P. Act No. 20 of 1978), (hereinafter referred to 'the Act' ). The vires of certain provisions have been assailed in the backdrop of many a ground which we shall advert to at a later stage in detail.
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