S. H. A. RAZA, J. Mr. H. S. Jain, the learned Counsel for the petitioner, espousing the cause of millions of students, studying in Primary as well as Secondary Schools, all over the State, sub mitted that right of students to receive education who will determine the future of this country, cannot be spoiled by those teachers who went on strike which was declared illegal by the State of U. P. 2. Right of education in J. P. Unni Krishnan v. State of Andhra Pradesh, (1993) 1 SCC 642 , has been held a fun damental right by Honble Supreme Court of India as that right is embedded under Article 21 of the Constitution of India. Right of education in J. P. Unni Krishnan v. State of Andhra Pradesh, (1993) 1 SCC 642 , has been held a fun damental right by Honble Supreme Court of India as that right is embedded under Article 21 of the Constitution of India. The petitioner who is a practicing lawyer of this Court, by way of public interest litigation, has raised several grievances against the teachers who went on strike recently and prayed for grant of several reliefs which are mentioned here in under: (1) Issue a writ, order, direction or decla ration to the effect that strike in schools and colleges being run under the Basic Shiksha Act, 1972, as well as the educational institutions recognised by the Director of Education U. P. and the Board of High School and Intermediate Education U. P. and the Government Secondary Institutions, is illegal being violative of students fundamental right to education; (2) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to ensure the opening of schools and colleges being run order the U. P. Basic Shiksha Act, 1972 and the educational institutions recog nised by the Director of Education U. P. and the Board of High School and Intermediate Educa tion U. P. as also the Government Secondary Institutions, (3) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to take all measures for imparting educa tion and smooth running of classes in the institu tions being run by the opposite parties; (4) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to pay any salary to the teachers of the institutions, for the period they did not or do not perform their duties, applying the principle no work no pay; (5) Issue a writ, order or direction to the effect that strike period shall be taken as break in the services of striking teachers in the institu tions ; (6) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to take suitable action against the strik ing teachers dispensing with their services and make fresh appointments in their place; (7) Issue appropriate writ, order or direc tions in the nature of mandamus commanding the opposite parties, not to charge any fees from the students in the institutions for the period the classes were not running and institutions were closed due to strike; (8) Issue an appropriate writ, order or direction in the nature of mandamus command ing the opposite parties not to re-instate those teachers whose services have been dismissed, terminated/dispensed with by them due to strike; (9) Issue any other appropriate writ, order or direction as the Honble Court may deem fit under the circumstances of the case and in the interest of justice. 3. A child can develop to be a respon sible and productive member of the society only when he is imparted educa tion. If a child or student is deprived of his education, nation is also deprived of the potential human resources for social progress. The Constitution of India has bestowed the importance of the role of the child in its best for development. Article 39 (f) enjoins that the state shall direct its policy towards securing that children are given opportunities and facilities to develop in a healthy manner and in condi tions of freedom and dignity and the childhood and youth are protected against exploitation and against moral and material abandonment. Article 45 man dates that the State shall endeavor to provide free compulsory education to all children until they complete the age of 14 years. The period of ten years as provided in Article 45 has lost its relevance inas much as millions of children are denied compulsory primary education. 4. The convention on the rights of the child which was ratified by the Government of India though belatedly on Novem ber 20, 1989 recognise the rights of the child for full and harmonious develop ment of his or her personality. Article z. 2 of the convention on the rights of the child reads as under: " (1 ). State Parties recognise the right of the child to education and with a view to educa tion and with a view to achieving this right progressively and on the basis of equal oppor tunity they shall in particular: (a) Make primary education compulsory and available free to all; (b) Encourage the development of dif ferent forms of secondary education, including general and vocational education, make them available and a accessible to every child and take appropriate measures such as the introduction of free education and offering financial assis tance in case of need; (c) Make higher education accessible to all on the basis of capacity by every appropriate means; (d) Make educational and vocational in formation and guidance available and accessible to all children; (e) Take measures to encourage regular attendance at schools and the reduction of drop out rates. 5. It is really unfortunate that al though India is a signatory to Internation al Convention on the right of the Child, mandate of the Constitution as contained in Article 39 (f) has not been followed. 5. It is really unfortunate that al though India is a signatory to Internation al Convention on the right of the Child, mandate of the Constitution as contained in Article 39 (f) has not been followed. India has assured the world community that by the end of this century the children will be provided free and compulsory education. If the State fails to fulfil this obligation under the Constitution the courts will have to issue directions to the State Government as well as the Union Government to fulfil its obligations under Article 39 (f) of the Constitution of India and the International Convention on the right of the child to which this country is a signatory. 6. As far as the courts are concerned, Honble Supreme Court in Maharashtra State Board of Secondary and Higher Education v. K. S. Gandhi, (1991) 2 SCC 716 , has held that right to education at the secondary stage was fundamental right. In J. P. Unnikrishnan v. State of Andhrd Pradesh, (supra), the Constitutional Bench held the education up to the age of 14 years to be a fundamental right. A child is entitled to such a fundamental right and it will be incumbent upon the State to provide facilities and opportunities as enjoined under Article 39 (e) and (f) of the Constitution and to prevent exploitation of their childhood due to indigence and vagary. In Bandhua Mukti Morcha v. Union of India, 1997 (4) Supreme 609 ; 1997 (2) LBESR 544 (SC), Honble Supreme Court held that basic education and employment oriented vocational educa tion should be imparted so as to empower the children with the segments of the society to retrieve them from poverty an thus develop basic abilities, skills and capabilities to live meaningful life for economic and social empowerment. Com pulsory education, therefore, to these children is one of the principle means and primary duty of the State for stability of the democracy, social integration and to eliminate social tensions. 7. In our country when the entire world was in darkness Rishis and Gurus in their Ashrams used to impart education without expectation of receiving any remuneration. Whatever was given to them as dakshina was accepted by those Rishis and Gurus. After the advent of Islam in India the Khankas of the Dervish, Saints and Sufis became the centers for imparting education. Whatever was given to them as dakshina was accepted by those Rishis and Gurus. After the advent of Islam in India the Khankas of the Dervish, Saints and Sufis became the centers for imparting education. The teachers who impart education in our country command great respect not only from the students and their guardians but the society as a whole is indebted to them. The eminent teachers, namely, Prof. Radha Krishnan, Dr. Zakir Hussain and Pandit Shankar Dayal Sharma were elevated to the post of the President of the Republic. The elected representatives of teachers were given representation in Legislative Council of various States. But in the recent past the teachers association have embarked upon agitation means for the enhancement of their salaries, emoluments, allowances and other benefits. 7-A. No doubt due to the spiraling prices the State is bound to neutralise the rise in prices either by increasing the dearness allowance or enhancing salaries but from the side of the State it is being said that out of the budgetary allocation for education more than ninety per cent of the allocated money is being spent on the pay ment of salaries to the teachers and little amount is left for opening of new schools, construction of school buildings and providing such schools with other neces sary facilities, like arrangement of water, libraries, laboratories, etc. Hence, it is urged before this Court that considering the meager resources available, it would not be possible to enhance further salaries of the teachers as demanded by them. 8. It is really unfortunate that the budgetary allocation for education in this State is less than 5% which shows the apathetic and careless attitude of the State in not giving priority to education which is vital for the social progress and economic empowerment and social stability and good citizenry. Time has come when con scious efforts should be made to increase the budgetary allocation for education to provide better education in schools and colleges. The half starved shabbily clothed teachers of primary schools as well as secondary schools cannot fulfil their obligations. 9. Time has come when con scious efforts should be made to increase the budgetary allocation for education to provide better education in schools and colleges. The half starved shabbily clothed teachers of primary schools as well as secondary schools cannot fulfil their obligations. 9. But there is another aspect of the matter which requires consideration as to whether the teachers who may have genuine grievances can go to the extent of parlay sing the schools and colleges by going on strike as a result of which the admission process cannot be started when the schools open after vacation and cour ses cannot be finished. No doubt in democratic country like ours every person has right to raise his grievance by organis ing meetings and demonstrations but the question which has cropped up in this writ petition is as to whether the teachers can be permitted to stall the entire education al system by going on strike. 10. In my opinion the teachers had no right to press their cause by going on an indefinite strike which was later on prohibited by the State Government and the services which they rendered by im parting education were declared essential services. However the wisdom was dawned and the teachers associations called off the strike but inspite of the fact that they had withdrawn the strike services of the teachers were terminated and there was influx of writ petitions in the High Court in which the order terminating the services of the teachers were assailed. 11. In the present writ petition the petitioner wants this court to issue a direc tion commanding the State of U. P. to en sure the opening of schools and colleges run under the U. P. Basic Shiksha Act, 1972 and the educational institutions recog nised by the Director of Education U. P. and the Board of High Schools and Inter mediate Education U. P. as also the Secon dary Education. There is no necessity for this Court to issue such a direction to the respondents because the schools were never closed, but as a result of the strike of teachers the education could not be im parted to the students during the period of strike. The State has done its duty by prohibiting the strike and in consequence thereto the strike was withdrawn and in every school smooth running of classes started. The State has done its duty by prohibiting the strike and in consequence thereto the strike was withdrawn and in every school smooth running of classes started. This court cannot issue a direction to the State Government not to pay salary to the teachers for the period they did not perform their duty applying the principle of no work no pay and the strike period be taken as break in services of those strik ing teachers. This is a question of policy for which no directions can be issued. It is for the State either to forget or forgive or to take necessary action against them con sidering the situation. Similarly this Court cannot issue a direction to dispense with the services of those teachers and make fresh appointments in their place par ticularly when the strike has been withdrawn. The State has taken some ac tion and the services of seven teachers have been dispensed with and against such orders writ petitions have been filed which are pending. This Court in exercise of its powers under Article 226 of the Constitu tion of India cannot issue direction to the State Government in the matter of policy. The question as to whether the schools would be entitled to realise the fee from the students studying in various schools and colleges for the period when the teachers were on strike is concerned I am of the view that such a relief cannot be granted by this Court. 12. However Sri H. S. Jain, learned Counsel for the petitioner further sub mitted that in view of the observations of Honble Supreme Court in H. M. T. Ltd. v. H. M. T. Head Office Employees Associa tion and others, (1966) 11 SCC 319 and Communist Party of India (M) v. Bharat Kumar, (1998) 1 SCC 201 ; 1998 (1) LBESR 975 (SC), strike of teachers may be declared unconstitutional and illegal and they be not paid their wages/salary for the period they went on strike. In this regard I am of the view that the direction of the Supreme Court in those cases per tained to the strike by workers and it has no relevance to the facts and circumstan ces of the present case and this aspect of the matter can be looked into by the ap propriate authorities. 13. In this regard I am of the view that the direction of the Supreme Court in those cases per tained to the strike by workers and it has no relevance to the facts and circumstan ces of the present case and this aspect of the matter can be looked into by the ap propriate authorities. 13. The learned Counsel for the petitioner insisted that this court should issue direction to the State Government not to re-instate those teachers whose ser vices have been terminated. I am of the view that this Court cannot issue such a direction particularly when the question as to whether the services were rightly ter minated or not is the subject matter of several writ petitions which are pending before this Court. Such a direction cannot also be given for the reason that it per tained to the matter of policy the deter mination of which rests completely with the State Government. 14. As stated in the foregoing para graphs the strike has been withdrawn by the teachers association. It is expected that the teachers will finish their course before examination. It cannot be denied that in spite of many ills which have been crept in various segments of public life and ser vices the system goes on. The teachers generally realise their obligations/duties towards their pupils and the society at large and it is their duty to see that the children are not deprived of their educa tion because the students cannot develop to be responsible and productive members of society unless they are equipped with proper education which rests on the teachers. With the hope and expectation that teachers will provide the students with better education which is necessary for their physical and intellectual develop ment and the State will make an earnest endeavor to increase the budgetary al location for education and resolve the dis pute pertaining to the salaries and emolu ments of teachers expeditiously so re- oc currence of such unfortunate events may not take place in future, I conclude. 15. With aforesaid observations the writ petition is accordingly disposed of. Ordered accordingly. .