Recently Allahabad High Court has given a ruling that is historic but may not stand scrutiny of legality on many counts. It is likely to be challenged in SC and struck down there.
Ruling is all wards ( son and daughters ) of Government Servants, Judges and Elected Members must study only in government schools. Those who do not obey this order will have to deposit money with the govt. equivalent to fees paid in private school. Order is to be implemented by next session.
The ruling came while disposing a petition, which drew attention to poor conditions of govt schools in terms of infrastructure and lack of teachers in UP and asked courts direction to improve the same.
Court observed that previous directions have failed to improve the situation and felt that unless the wards of the authorities who are responsible for improvement go to these schools, situation will not improve.
I agree with diagnosis but beg to differ with solution provided. Under the present provision of liberty ( fundamental right) available to every citizen under constitution, how, a state can direct a individual to send his wards to send to a particular school/ institute, just because he is govt servant or elected representative and so on. It is also discrimination and violates equality before law.
Another angel is, if this logic is applied, these people must compulsorily avail medical facility in govt Hospitals ( Govt. Hospitals are also in poor condition and needs improvement). Same with public transport and many other services provided by state. This way we need to force these people to use wheat and rice of PDS only. Is it practical ?
Unfortunately, India in terms of services, has virtually divided in 2 -3 parts. Affluent and people with influence have developed all these services ( world class/ affordable) for themselves outside the government network. Slowly-slowly over the years, specially after liberalization of 1991, government services in any area be it in education, health, transport or any other area came to be identified as work and duty of welfare state directed towards poor. They were/ are provided below cost also., and so to reduce burden people who could afford were kept out.
This has generated vicious circle. Govt services for poor and so of poor quality.
Seed of such problem was sown quite early after independence, when in every sector ( in absence of private sector) and in neglect of need of poor govt. gave priority to Higher education (IIT etc), Best Health services (AIMS) and so on overlooking primary education, primary health center and so on.
Result is every one to see, we are a nation having succeeded in sending Mangalyan in first attempt, but we are also a nation with highest number of hungry people in world and there rate of decrease is far less than in other nation.
Basically, we need to change (feudal) mind set of division of Ruler and Ruled. And this is not a Problem of UP, nor restricted to primary education only. Once this is changed and only through this situation can improve and not by HC directive.
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