Legal Dictation from Original Judgment

 

But there is another and more valid criticism to make. Although the declared purpose was to give priority to the increase of elementary schooling in order to raise the rate of literacy in the population, what has actually happened is that secondary schooling has been rising much faster and tertiary schooling has increased still more rapidly. There is a fairly general tendency for planned targets of increased primary schooling not to be reached, whereas targets are over-reached, sometimes substantially, as regards increases in secondary and, particularly, schooling. This has all happened in spite of the fact that secondary schooling seems to be three to five times more expensive than primary schooling, and schooling at the tertiary level five to seven times more expensive than at the secondary level.

What we see functioning here is the distortion of development from planned targets under the influence of the pressure from parents and pupils in the upper strata who everywhere are politically powerful. Even more remarkable is the fact that this tendency to distortion from the point of view of the planning objectives is more accentuated in the poorest countries, Pakistan, India, Burma and Indonesia, which started out with far fewer children in primary schools and which should therefore have the strongest reasons to carry out the programme of giving primary schooling the highest priority. It is generally the poorest countries that are spending least, even relatively, on primary education, and that are permitting the largest distortions from the planned targets in favour of secondary and tertiary education. In his other book Challenge of World Poverty published in 1970 he discusses elaborately in chapter 6 ‘Education’ the reasons for and the consequences of neglect of basic education in this country.

He quotes still considered to be the most  authoritative study of education scene in India as saying ‘Educational development is benefiting the haves more this is a negation of social justice and planning proper and our constitution speaks repeatedly of social justice Preamble and Article 38. As late as 1985, the Ministry of Education has this to say in para 3.74 of its publication Challenge of Education a policy perspective.

Be that as it may, we must say that at least now the State should honour the command of Article 45. It must be made a reality at least now. Indeed, the 'National Education Policy 1986' says that the promise of, Article 45 will be redeemed before the end of this century. Be that as it may, we hold that a child citizen, has a fundamental right to free education up to the age of 14 years. This does not however mean that this obligation can be performed only through the State schools. It can also be done by permitting, recognising and aiding voluntary non- governmental organisations, who are prepared to impart free education to children. This does not also mean that unaided private schools cannot continue. They can, indeed, they too have a role to play.