M. KATJU, J. ( 1 ) BY means of this writ petition the petitioners have prayed for payment of salaries by the State government as teachers in the primary section of D. A. V. Intermediate College, Azamgarh. ( 2 ) HEARD learned counsel for the petitioners, learned Standing Counsel and Sri S. C. Budhwar who has been appointed by me as amicus curiae in this case. ( 3 ) IN my opinion, the claim of the petitioners for salaries as teachers in the primary section is interlinked with the right of children to get free education upto the age of 14 years. It is obvious that unless such teachers are given proper salaries they will not take proper interest in their work and hence the children will not get proper education. ( 4 ) IT has been held by the Supreme Court in Unni Krishnan J. P. and Ors. v. State of Andhra pradesh, and Ors. , 1933 (1) SCC 645, that every child has a fundamental right to get free education upto the age of 14 years, and I have held in Surendra Kumar Dixit v. D. I. O. S. , Agra and Ors. , 1995 ALR (26), 601, that the right to get education means the right to get good quality education and not any kind of education. ( 5 ) HOWEVER, the question remains as to ho how this declaration by the Supreme Court regarding the fundamental right of the children to get free education upto the age of 14 years is to be implemented in my opinion, that can only be possible if proper schools are set up through out the state and proper teachers are appointed and they are given proper salaries, allowances and other benefits. Unless that is done the declaration of the fundamental right of the children to get free education as proclaimed by the Supreme Court in (Unni Krishnans, case will remain illusory. ( 6 ) ANY one who goes to some of the schools and colleges in this state will note that in most of the institutions hardly any teaching work is being done, there is mass copying in examinations, tuition racket etc. In many of the Schools the number of students, in a class is far in excess of the prescribed limit, which makes teaching impossible.
In many of the Schools the number of students, in a class is far in excess of the prescribed limit, which makes teaching impossible. This an alarming state of affairs, and unless drastic remedial measures are taken in the field of education in the state of Uttar Pradesh the state will go down. hill and in a generation or so a large section of them people will consist of illaterate or semi-educated people. It is distressing to note that the State authorities who are incharge of education in U. P. have not as yet developed any plan to implement the judgment of the Supreme Court in Unni Krishnans case, and no serious attention is being paid to the field of education. The development of the State is impossible unlesa some serious steps are taken in this connection. ( 7 ) SINCE this is a matter of great importance, I am of the opinion that the views of the State authorities as well as some experts and learned counsels are required so as to decide how the judgment of the Supreme Court is to be implemented. ( 8 ) ISSUE notice to the Principal Secretary, Education, U. P. Government, Lucknow, Standing counsel will also communicate this order to the Principal Secretary, Education, U. P. Government, Lucknow, and the Principal Secretary to the U. P. Government is directed to be present in the Court on 9-12-1996, on which date this case will be listed before me. The principal Secretary is requested to carefully study the judgment of the Supreme Court in Unni krishnans case and present his views as to how the said judgment should be implemented. He should inform the Court what portion of the State budget is devolved to education. Learned counsel for the petitioner as well as learned Standing Counsel and Sri S. C. Budhwar who has been appointed by me as amicus curias may also present their views on this matter. ( 9 ) A certified copy of this order may made available to the learned counsels for the parties on the payment of usual charges by tomorrow. A copy of this order free of charge shall also be provided to Shri S. C. Budhwar, amicus curiae in this case. Decided accordingly. .