BISWANATH PATI Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) EDUCATION is the life -blood of a nation. The source has to be nourished well, as, if it dries up or gets polluted, the stream of national life shall get vitally affected.' it is education which develops intelligence and it is intelligence which distinguishes man from animal. Realising the very important role education plays in the life of a person, the Supreme Court in Mohini Jain v. State of Karnataka even regarded education as a fundamental right. This decision, however, came to be modified in Unni Krishnan v. State of Andhra Pradesh, JT 1993 (I) SC 474 by saying that right to get education up to primary stage is a fundamental right The learned Judges recognised the great importance of education in the life of an individual as well as of the nation. It would be enough to note what Kohan, J. in his concurring judgment stated in this regard. According to him, education is at once social and political necessity and victories are gained, peace is preserved, progress is achieved, civilisation is built up and history is made, not in the battle -fields but, in educational institutions which are seed -beds of culture for children in whose hands quiver the destinies of the future are trained there (see paragraph 148). It was then observed in paragraphs 175 and 176 that education is enlightenment ; it is the one that lends dignity to man.

(2.) THE aforesaid shows how important it is to see that educational institutions are manned by proper persons and that the children attending the institution are taught by qualified persons. This would happen, inter alia, if the service conditions of the persons taking up teaching job in the schools and colleges are well looked after. It is with the facet that the review petition is concerned with and the question posed for determination is one which has far -reaching consequence in so far as aided educational institutions of the entire State are concerned. The same relates to as to who are entitled to the benefit of validation and regularisation conferred by the Orissa Aided Educational Institutions (Appointment of Teachers Validation) Act, 1989 (Orissa Act 9 of 1989 (for short, "the Validation Act''), as amended by Orissa Act 18 of 1989.

(3.) IT , however, so happened that the Selection Board constituted under the Education Act could not conduct recruitment tests regularly for which teachers/lecturers had to be appointed on ad hoc basis against regular vacancies in aided educational institutions in public interest. These persons rendered service for a considerable length of time and a need was felt to regularise their service, even though they had not come through the Selection Board which would be apparent from the Statement of Objects and Reasons of the Bill pertaining to Act 9 of 1989. It is with this purpose that validation enactments came to be passed in the State from time to time these being Orissa Acts 14 of 1978. 27 of 1978, 27 of 1981, 6 of 1982 and finally in 1989 by Orissa Act 9 of 1989 which was amended by Act 18 of 1989. It is the last Act with which we are concerned.