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Allahabad High Court · body

2004 DIGILAW 57 (ALL)

Committee of Management, Jaribandhan Higher Secondary School Baij Nath Ganj, Gorigon, Allahabad v. State of U. P.

2004-01-12

MARKANDEY KATJU, POONAM SRIVASTAVA

body2004
JUDGMENT M. Katju and (Mrs.) Poonam Srivastava, JJ.—This special appeal has been filed against the impugned judgment of a learned single Judge dated 7.11.2003. The appellant is the Committee of Management of a Higher Secondary School in District Allahabad. It was granted permission by the State Government to run classes of Science and Mathematics as compulsory subjects without aid in the year 1991. We are informed that teachers are teaching Science and Mathematics in the School from 1991 without getting Government salary. The institution is paying some meagre amount from its own resources. 2. In our opinion, no educational institution should run without teaching Science and Mathematics, as these subjects are the backbone of the educational system, and they teach students to think logically. Unless the people of this country adopt the scientific approach and scientific attitude, this country will not progress and will remain backward. Science is the means of solving the country’s problems, as it inculcates rational thinking. India is today poor, and poor nations are not respected by the developed nations. It is only by the massive application of Science, Mathematics and technology that our country can hope to escape from poverty and unemployment which are the main evils in our country today. 3. The school in question is a higher secondary school and it is shocking that teachers teaching science and mathematics are not getting salary from the Government. The proposal of the Committee of Management was received by the District Inspector of Schools on 7.8.1991 for creation of the posts of teachers in science and mathematics but the said proposal is still pending as stated in the affidavit in support of the stay application in this case. 4. This Court cannot direct creation of a post as that is the function of the Director, under the Payment of Salaries Act, 1971. However, while we agree with the judgments of the learned single Judge that this Court cannot direct creation of posts of teachers in science and mathematics in the institution in question, we strongly recommend to the State Government to create such posts, in science and mathematics, not only in the appellant institution but also in all the educational institutions in the State of U. P. and pay salaries to the teachers from Government funds so that the State may progress rapidly. 5. With the above observations, this appeal is disposed of accordingly. 6. 5. With the above observations, this appeal is disposed of accordingly. 6. Let a copy of this order be sent by Registrar General of this Court forthwith to the Chief Secretary, Principal Secretary Education and Principal Secretary Finance, U.P., Lucknow.