Kama Nath Tewari v. Committee of Management, Allahabad Intermediate College
1992-12-21
M.KATJU
body1992
DigiLaw.ai
JUDGMENT M. Katju 1. There is a boy's institution called Allahabad Intermediate College which is a recognised institution under the U. P. Intermediate Education Act. The institution was started in 1910 and has throughout been a boy's institution. The allegation in the writ petition is that for the session 1992-93 the committee of management is going to admit girl students and It is alleged that this is violative of Regulation 8 (1) of Chapter 7 of the U. P. Intermediate Education Regulations which states "Girls shall not be admitted into Boy's Institutions without obtaining prior approval of the Inspector". 2. By means of this petition the petitioners, who claim to be students of this institution, have prayed for a direction to the committee of management of the institution that it be restrained from admitting girl students. I have heard Shri Satish Chaturvedi, learned counsel for petitioner and learned standing counsel for respondent no 2 Counsel for the petitioner has urged that prior approval of the District Inspector of School has not been taken before admitting girl students. On 15-10-92 I had passed an order granting two weeks time to the standing counsel to file a counter affidavit and I made it clear that I would decide the validity of regulation 8. No counter affidavit has been filed. 3. In my opinion regulation 8 of Chapter 7 of the Regulations is arbitrary and hence violative of Article 14 of the Constitution. 4. In my opinion educational Institutions segregated on the basis of sex are a sign of backwardness, and the sooner this segregation is done away with the better for the country It is my firm belief that all educational institution at all levels should be co-educational. Co-education is healthy and good for the development of the personalities of both boys end girls. If there is co-education boys and girls will know how to interact with each other in a healthy manner and this will also help them towards social adjustability. In sexually segregated schools or colleges boys and girls live in inhibited environments, with false notions and fantasies about the opposite sex. Co-education will make children more mature end more realistic. A lot of eve teasing and other such harassment will stop if there is coeducation.
In sexually segregated schools or colleges boys and girls live in inhibited environments, with false notions and fantasies about the opposite sex. Co-education will make children more mature end more realistic. A lot of eve teasing and other such harassment will stop if there is coeducation. Even rowdy boys are likely to improve in a coeducational institution since they may not wish to incur the social disapproval of the young ladies of their class. Similarly girls will get to know the nature of young men better and will learn to interact with them in a healthy manner. At present the situation in most places is that young men and women who have studied in segregated institutions till the age of majority are awkward and often dumbfounded and tongue-tied in each others presence. A young man does not know how to interact with a young lady and behave in her presence and the young lady is terror stricken in the presence of a young man as the has only interacted with her father and brother till then. This segregation leads to several kinds of psychological and social problems and hence it should be done away with. In fact all modern countries have co-education 5. Article 39 (f) of the Constitution states that 'The State shall in particular direct its policy towards securing that children are given opportunities and facilities to develop in a healthy manner". 6. In my opinion development in a healthy manner for children is best possible in co-education. The right to education in Articles 41 and 45 must be construed consistently with Article 39 (f). In a paper entitled - "A PSYCHOLOGICAL PERSPECTIVE ON ADOLESCENCE. A RATIONALE FOR CO-EDUCATION." Ms. Komlla Thapa, Lecturer in the Psychology Department in the Allahabad University has said, "It would be tenable to argue that the coeducational system, as opposed as same sex schools would provide an opportunity for adolescents to interact with the same-gender as well as opposite gender peer groups. This would prepare the ground for a healthier, more open interaction between the sexes and would promote healthy attitudes towards issues of sexuality- Also, as co-education offers a firsthand opportunity to observe the behaviour patterns of other adolescents of the same and opposite-gender, the advantages accruing would be two-fold; (1) the adolescent would be able to sharpen and regine his/her personal identity.
(ii) sex-role identities would be more clearly articulated and defined therein. Also ensuring problems would be more easily resolved. 7. Thus the adolescent's perceptions of issues of identity, friendship and sexuality, all critical and significant issues at this juncture as well as for future well-being would be influenced by experiences in a co-educational system. It is hoped that as this system enables a freer interaction between the two sexes, the adolescent would not always "meander through a terrain, hewn out of fantasies of Intimacy, a landscape whose contours are shaped by the more obscure desires and fears men and women entertain in relation to each other" (Kakar, 1989)." 8. In view of the above I am clearly of the opinion that Regulation 8 of Chapter 7 of the U. P. Intermediate Education Act is arbitrary and violative of Article 14 of the Constitution. Hence, it is not necessary for the Committee of management to take prior approval of the District Inspector of Schools before admitting girl students in a boy's school. The writ petition therefore fails and is dismissed. No order as to costs. 9. Before parting with this case I would like to make a recommendation that all schools and colleges in the State should gradually become coeducational. This can easily be done by making class I co-educational in the first year, class II co-educational in the second year, and so on. In this way in a decade or so the whole school can become co-educational. I am informed that in many states like Assam, Madhya Pradesh etc all schools (except some 'elite' schools) are already co-educational. There is no reason why U. P. should lag-behind. Co-education will contribute towards modernisation which is the main goal of the nation. It will also help young men and women understand each other better which will be of great use when they have to work as a team in laterlife. 10. I would like to express my gratitude to Mr. L. P. Naithani, Senior Advocate, who acted as amicus curiae and Ms. Komila Thapa, Lecturer in the Psychology Department of Allahabad University who gave her expert opinion in the matter.