BALWINDER KOUR Vs. STATE OF J&K

JUDGEMENT

(1.) I call a complete and generous education. said Milton, that which fits a man to perform justly, skillfully and magnanimously all the offices both private and public, of peace and war. Herein lies the importance of education. Our studies should be neither a couch on which to rest; nor a cloister in which to promenade; nor a tower from which to look down on other; nor a fortress we may resist them; nor a workshop for gain and merchandise; but a rich armoury and treasury for the glory of the creator and the ennoblement of life. These words are attributed to Bacon. In the noble words of Epictetus, you will do the greatest service to the State, if you shall raise, not the roofs of the houses, but the souls of the citizens for it is better that great souls should dwell in small houses rather than for mean slaves to lurk in great houses. It is herein lies the importance of education. The question is whether the present system of education is the one best calculate to fulfill these objects. Does it really gives that love of learning which is better than learning itself? Does all the study of the classics to which our children devote so many hours give any appreciation of them; or do they not on leaving collects too often feel what was send by Byron -Then farewell, Horace; whom I hated so. For evolving a perfect system, the men who are associated with the system i.e. teacher must also be dedicated to the job. The dedication is one aspect of the matter. He should be learned also. This is not a new complaint. Locke complained that schools fit us for the University rather than for the world. Commissions after Commissions, Committees after Committees, have reiterated the same complaint. It is in the right of above; the subject matter in issue in this appeal is being examined.

(2.) THE appellant possess a Masters Degree from Jammu University. She also possesses a B.Ed, degree. This she cleared in the year 1994. Armed with these qualifications, she applied for the post of teacher. This was in pursuance of an advertisement notice No. 3 of 1996 dated 24th of December 1996.

(3.) THE basic argument which has been raised is that the criteria which has been adopted by the respondents is hit by Article 14 and 16 of the Constitution. What is urged is that the basic qualification i.e. 10+2 has no relevancy for the purpose of making assessment. This qualification as per the appellant does not deal with that discipline which is ultimately useful for imparting education to the children. What is sought to be urged is that by giving undue benefit to the 10+2 qualification, the scales have been titled in favour of those candidates who do not possess Graduate and Post -Graduate qualification in the discipline of education i.e. B.Ed. and M.Ed. The question -arises as to whether this criteria is hit by Article 14 and 16 of the Constitution.