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Revolutionary Policy Suggestions For Education Problems In Pakistan

Revolutionary Policy Suggestions For Education Problems In Pakistan

Education has great effects over psyches. Whatever sort of education will be the mind will be as such. If we look over the history whenever any nation want to defeat others nation it first occupy the education systems and curriculums of the occupying nations. Education develops the roots of any nation. Through education any nation prepares their generation according to their religious norms and values. We can easily state that rising social unrest in any nation is mainly due to improper education of generations. Within two decades we could prepare one generation for the country. Two decades are a small span to prepare weapon (generation) but impact of this prepared weapon is long and forever. I called generation as a weapon; generation is no doubt is a weapon for development of any country. If we prepare our generation according to our religious norms and values and make them faithful and patriotic then they are useful and best secured weapon. Otherwise we are preparing enemies of our country. If the generations do not put on a right track then they will diverge in the ways which they found in easy access. Any country has one religion therefore there should be only one form of education. A country having different ways and levels of educations mentions that the country have no defined religion and culture.

Pakistan is going through lot of problems like terrorism, poverty, insecurity, sectarianism, ethnic, provisional and regional bigotries and many others. All these problems are due to lack of awareness and tolerance which are developed due to illiteracy. If we observe around us countries with most secured lives and economies prefer education for the people first. However in Pakistan phenomena of education kept far behind at every level of policy making for development. Our historical political parties mostly blame stressed international affairs started just after independence for their poor policies; they claim the foreign tensions do not give them space to think thoroughly about these social matters. Now activities of various governments developed a long history for failure of implementing true policies for education to all masses on equality and quality basis.

In this article first I will narrate the whole history with the help of various books, articles, reports and research papers. Then current situation will be discussed shortly, in the end I will suggest few approaches and policies according to my knowledge and experience. This article will be helpful for future policy makers who kept a sincere heart for the prosperity of people of Pakistan along with cultural preservation.

Even before the independence, Pakistan adopted the same education system that poured by Britain rule to occupy the sub-continent culturally. After the independence Pakistan failed to recognize the impacts of British schooling system and could not modify the maktab system of mughlia era according to modernism to fulfill Islamic as well as global competitiveness needs. Britain educational system was introduced with the aim to alienate the Muslims who hate British hegemony. British educational system completely abolishes Islamic way of teaching. They replaced Persian and Arabic, the pride of Muslims, with English. The curriculum designed to serve colonial empire instead of intellectual growth of students. Maktab were replaced by institutions setup by colonial administrations. The goal of all these educational changes was to dismantle the culture of Muslims, which make them able to rule for over centuries in history.

People of Pakistan are well aware of these facts despite this they failed to adopt and make effective policies which could resume their culture besides develop their lifestyles. Nowadays experts calculate myriads reasons of terrorism, poverty, unemployment, failure of economy and democracy, and insecurity but few of them able to understand the impact of educated system with Britain soul. While studying about history of education system in Pakistan I go through a book by M Imtiaz Shahid “Advanced Contemporary Affairs, book 62″. In this book Manzoor Ahmed narrates very controversial views our history of educational flaws in Pakistan. In his article “The problematique of education in Pakistan” he says;

” unfortunately, unlike communism which is based on a well worked out philosophy of history and social theory, amenable to intellectual refutation or amendment ‘ Islamic ideology’ is pseudo concept, having no intellectual sound basis and , since it is divine is not amenable to argumentation. This paradigm suits well to the feudalists and religionists, both having in-built antagonism for education. The situation worsens because Muslims as a whole have been suffering from the delusion that they are the possessors of knowledge and that their knowledge is self sufficient. They suffer from the phobia that an exposure to new ideas would threaten their identity and would weaken their belief system. If we look back at our history which ha been very proudly presented as one of the best, we would be perplexed to note that Muslim intellectuals ( ulema) have constantly refused to study the ideas which emerged in the wake of modernism, but were eager to claim that whatever the modernist were saying has already been said before by the Muslims……… during the days of Indian independence movement the critical mass of intellect as well as the intellectual capacity of Muslims leaders was very mediocre, though we had very sincere and educated leaders like Mohd Ali Jauhar, Hasrat Mohani, Allama Mashriqi, Maulana Maududi etc. none of them were able to visua;izae the world they would be living within in the next 50 to 100 years or so” page 417

Manzur Ahmed is himself Pakistani and Muslim but I don’t know why he narrates the Islamic ideology with such disdainful way, and I can’t understand why editor of this book approved his article for his book. No doubt there were various drawbacks of our intellectual leaders but those flaws should not connect with Islamic ideology. These shows that how we loss our Islamic cultural heritage and its implications that our people become, slave mentally. Although vast majority of people have great hearts for their Islamic ideology but they failed to utilize it due to incognizant of diversified knowledge recited by Quran. Like Manzoor various secular scholars feel Islamic ideology as a hurdle towards implications of modernism. Implications of modernism failed in Pakistan due to wrong perceptions spread by upper and secular classes. Especially in Musharraf era modernism aspersed in patriotic and fundamentalists groups. Mr. Musharraf introduces modernism by the nomenclature “modern Islam” these shacked fundamentalists and arouse fidgetiness among the people. He separated the Islam in two categories modern Islam and old Islam. However Islam is only Islam neither modern nor old. However modernism is something else. By definition, ‘process of adopting systems, methods, ideas more modern and more suitable for use at the present’. These systems are mostly related to technology advancements, diversified subjects literature and more in-depth study of cultures, origins and all other school of thoughts with the help of research and theorizing. Islamic studies do not bound people to seek knowledge; instead it encourages evaluating nature. There are no prohibitions by Islam to develop and investigate new methods and systems for the prosperity and development of people. Islam does not restrict to seek advancing education and implementing advance economic and marketing systems. Actually on the eve of concept of ‘modern Islam’ various evil psyches find a place to fit their evil thoughts and, hence make the Muslim Pakistanis subordinated towards implementations of modernism.

In Pakistan now we have number of such psyches who do not accept Islamic ideologies to be capable of capturing modernism. This happened due to adaptation of educational system with British soul. This turned the psyches of Muslims away from their religious knowledge and pride. After six decades of independence till now our governments are passive towards developing effective educational system that could resume our cultural values and develop self esteem in Muslims to adopt modernism to meet their needs and compete in world economies. From the next paragraph, I am going to illustrate workings of various governments for the provision of education.

In 1947, after independence, the new country had 83 colleges, 3 Engineering colleges, 108 teacher training schools and 71 technical, industrial and agricultural institutions. M. Ikram Rabbani demystifies history of education after independence in his book “New Millennium Pakistan Affairs, 12th edition 2008″. According to him, from 1947 to 1955 education was responsibility of local bodies. During that era education policy was victim of political instability and chaos. The first educational conference in Pakistan was held in November, 1947 in which Quaide-eAzam outlined an educational philosophy which incorporated both the fundamentals of Islamic traditions and modern science and technology. Among others things he suggested curriculum revision, diversification of courses, compulsory religious instructions and development of administrative machinery. Despite this, from 1947 to 1958 no significant reforms were introduced. However, during Ayub era, efforts were made to transform the educational system in a planned and systematic manner. His reforms include National Commission on Education (1959), Commission on student’s problems and welfare (1964), National commission on manpower and education (1969), New educational policy (1979). In his era, educational planning was handed over to the educational establishment which was charged with plan implementation and the evaluation of progress. Annual development program introduced in his time brought long range developmental needs.

Bhotto’s regime gave its Educational Policy on March 15-1972. He nationalized the privately managed institutions which, was considered a landmark of Bhutto’s regime. Education was made free and compulsory at primary up to class X. The university grants commission was established to coordinate all universities. During Zia’s era Maktab schools were revived and national education policy was announced under which private sector encouraged to contribute towards provision of education. Islamization of education was remarkable achievements of his era. Later, Junejo launched a strategy which was aimed to promote mass education. He gave top priority to education in his 5 point program and assigned Rs. 27400 million for that purpose. He focused mass literacy and enrolment of school dropouts through Nai Roshni Scheme.

In 1992 New educational policy ( NEP 1992) designed , its main areas of interest were primary education, literacy, quality of public institutions, setting up national testing service, decentralization of authority in the administrative set up of education system and resource generation. Benezir Bhotto introduced, “social action program” in which great emphasis laid on education and literacy rate within given span of time. Silent features of National education policy 1998 were to evolve integrated system of education by streamline all educational sectors which include private as well as public institutes and Deeni Madaras. Eradicating illiteracy through formal and informal education by involving communities. Revising curriculum, imparting in-service teachers training and revising teachers training curriculum, enhancing technical education opportunities to reduce poverty, developing higher education, information technology sector and library and documentation besides encouraging private sector. In sum all the policies developed were most of similar natures. There may be any difference in documentation format but all have same goals with changing words. Moreover all the policies use future tense and future continues tense while documenting which shows haphazardness approach adopted by all government. Every new government criticizes previous educational policy and developed new one despite ensuring implementation they focus only to documenting confabs.

In Musharraf regime no new educational policy designed, he follows the already existed policy. He converted the University Commission Grant by Higher Education Commission. In his regime all sectors adopted objective type examination pattern. National Testing service was also activated at various levels. His government approved 4% of GDP to education in 2007. He introduced 18 new public universities. Although he focused education more then any government before, and carried out his policies immediately but he could not tackle with Deeni Madaras dilemmas successfully and his failure leads to currents situation of terrorism and hate.

Despite long historical works have done on Educational development, heretofore we are facing huge illiteracy, low quality sub standard and unequal education. Poor and improper educational philosophy and phenomena adopted in Pakistan is creating different stratums with different means and objectives. This alternatively raises argumentation among various stratums and, hence whole situation becomes regretful.

Education system of Pakistan is facing strong criticism both from national and international researchers. Numbers of documents are available on search engines which highlight different perspectives of false education in Pakistan. International folks give a special importance to the educational system of Pakistan as they understand the role of education in building nations. Various researchers discuss Pakistan’s educational system extreme heatedly. While reading these documents I do not scold those international researchers, whereas I was guilty at the attitude of my own leaders towards a very sensitive issue. Despite failure of all previous national education policies current designed national education policy seemed to be failed also.

(CRSS) published a research paper with heading “curriculum of hate”. In this research paper they condemn the curriculum of public schools scornfully. Although I do not agree with this paper because this show hate of non-Muslims with Muslims and this is another issue. Although there are various faults in the education system of Pakistan but it is false to state that curriculum of Pakistani schools increasing hate and bigotries. There are various other factors of rising hate in fundamentalists, secularists and nationalists. No doubt education plays a vital role in eliminating these factors but we could not blame only education system. Because we have various affirmative personalities raised from the same curriculums.

(SDPI) of Pakistan also put forward a research paper “The Subtle Subversion, The state of curriculum and textbooks in Pakistan” in 2002 which highlights various drawbacks in curriculum of Pakistan. The research paper also condemns education system of Pakistan and put forward various measures to follow for the government. However, unfortunately despite discussing technology and knowledge backwardness of the Pakistani curriculum, SDPI condemn Islamic norms and values and patriotic themes of Pakistani curriculum. SDPI research paper condemns the curriculum of Pakistan because it violates the rights of minorities. The research papers narrates that Islamic studies made compulsory for non-Muslims also which is against Islam. The whole researched paper seemed to be in favor of religious minorities but SDPI do not highlight the statistics of minorities in Pakistan. There are 96.16% of population are Muslims, 1.69 are Christians, 1.40% are Hindu, 0.35% are Qadiani, 0.33% schedules casts and 0.06 are others. So, why education system should design for other 3.84% of non-Muslims? The report criticizes Pakistan’s curriculum as a minority right violation, whereas according to current educational policy 2009, English language suggested to be compulsory as a medium of instructions at secondary and higher levels violate Pakistan’s people’s rights. While deciding English as a medium of instruction they should think that what percentage of our people can speak and understand English. By introducing English as a medium of instruction number of students will fail to understand lecturing and ask questions.

While condemning Pakistan’s education system SDPI must consider the facts that Muslim celebrates Christmas days and other events in western countries in schools, holi in India with Hindus, then there should be no objections on Islamic soul in whole Pakistani curriculum. I am, agree with the fact that our text books are not typically according to new world needs but its not mean that we have to blame Islam so. Whereas, it is significant to teach students about Islam more thoroughly for their moral development. Our scholars failed to spread true picture of Islam in the text books and there is a need to develop the pattern of Islamic studies. Students should be taught in a way that they become able to analyses Quran themselves and implement its teachings in their lives accordingly. Due to low quality teachings of Quran most of our people depends on priests and they mostly give suggestions on the basis of their sec and therefore various argumentative misconceptions develop over Islamic teachings among people. Our priests explain Quran is a way that it creates bigotries and hate. Quran have such moderate teachings that non-Muslims increasingly entering the circle of Islam by studying it thoroughly. The overall impacts of SDPI report shows that they are against Islam and they want to separate Muslims from Islamic studies.

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jointly passed a research paper “Madrassa Metric: The Statistics and Rhetoric of Religious enrolment in Pakistan”. This research paper negates the all previous statistics about madrassa enrolments in Pakistan. According to them only 1% of Pakistani children attend madrassa, which is much lower then previously reported statistics. The report denies various facts attributed to reason of admitting children by Pakistani people in madrassa. The report explains that not only poverty is not the reason of admitting children in madrassa but various ethical groups prefer madrassa for their Islamic nature of teachings. Beside this most of children attend madrassa because of absence of government schools there, and the only option of madrassa there. Moreover, the research also discussed that madrassa are not making inroads into mainstream society in Pakistan. They support their statement by discussing qualities of various private schools in village areas. Overall the research was of the view that madrassa teachings are not only and major reason of terrorism in Pakistan.

measures inequality in education of Pakistan through their research “The knowledge divide: Education inequality in Pakistan” in 2003. They successfully measure, the persistence of education inequality in Pakistan through District Education Index (DEI). Their results show low levels of educational status with high inequality. The most vulnerable groups are rural areas, Balochistan province and rural females.

New educational policy 2009 highlights all the drawbacks and dilemmas of education in Pakistan successfully but it do not define track of implementation. The decision of NEP2009 to introduce national education system need tremendous workout, but despite completion of one year no such measures put forward to aware the public about new system which would be certain for all. Education policy 2009 use excellent words to narrate a positive picture of policy but how will this happened and when will this started and what would be the initial steps these all are not defined well and nothing have done even after one year. A very long document of national education policy is seemed like a text paper showing importance of education and dilemmas of education and its effects on the nations. The document beautifully describes all these topics and use very limited words to new decisions and their implementation processes.

New educational policy 2009 criticized a lot by intellectual circles. Shahid Siddiqui criticize this policy in hi article “New Education Policy” in the book 63 of Advance Contemporary Affairs by M Imtiaz Shahid. His first criticism is that this policy announced before the expiry date of previous policy. Government defends this criticism by quoting that previous education policy could not give required results. Further the writer condemns this statement of government by stating that this education policy also does not meet desired results and there is a problem at implementation level. According to him introducing English as a compulsory subject is not new, this had been decided by Musharraf regime. Moreover he explains disconnection between policy declarations and budget allocations. His most important criticism is on announcement of allocating 7% of GDP to education by 2015. The writer could not trust this statement because of facts that, in 2006-07 the allocation was 2.5% of GDP and in 2007-08 this was reduced to 2.47%. In the year 2008-09 the amount further came down to 2.1% Of GDP. Similarly Mr. Shaukat Aziz, announced 4% GDP for education but fails to catch this figure. NEP 2009 announced to raise level of public-sector schools will be lifted to match the levels of good private schools and deadline for this is 2010. Three months of 2010 have been passed but no any measure has been observed. New session had been started and student bought the same books that I studied in my school time.They may have any magic to meet target suddenly. Mr. Shahid asked repeatedly that how this all will be done? NEP announced to adopt universal curriculum but do not mention any strategy. Another intellectual Ejaz Naveed from Imperil College London criticizes education policy in the same sound.

NEP 2009 decided to exclude PTC and CT for hiring quality teachers and announced that to become a teacher one should be BED with Bachelor degree. If we observe in our schools and colleges most of teachers are masters with BED and MED but despite this they could not teach well. And in various places a teacher with simple Bachelor degree without any BED in private schools teach very well. Hence government should compare hiring process and training processes of private and elite schools with their process of hiring teachers.

According to this policy curriculum from class one and onwards include English (as a subject), Urdu, one regional language, mathematics and integrated subjects. Provincial and area education department have choice to select medium of instruction up to class fifth. This means after fifth class medium should be English. Moreover, math and science should be in English and provinces have option to teach these subjects in Urdu or English up to level five after this they should adopt English language. By reading these points I come to a result that our policy makers think that only English can make them developed nation. They do not cater the student’s problems they just make a policy with Musharraf’s tail. If on regional and provincial level students study in Urdu from 1 to 5 then how they could understand all the concepts of science and math by entering class 6, where they immediately have to face all concepts in different language. By doing so we are willfully deteriorating the quality of education and students mentality. Teachers will also burdened because they have to pay extra time to tell them meanings of all science and math terminologies first and make the students to memories them and then they could able to teach new language. This would also confuse the students too much. In the primary age students are not responsible enough to study themselves at home, parents have to read their diary and stress them to do homework if we introduce whole system in English then those parents who cannot understand English will be vulnerable to stress their students to do homework. After fifth class only those students become responsible for homework and exam preparations that are good in studies but careless students need strong check and balance at home. If of English language system most of the primary or secondary pass parents will fail to understand the text and nature of student’s assignments and could not help their children hence students will become weaker in studies.

While introducing new education policy 2009 it seemed that they aimed to preserve English language. Our policy makers think that only English can bring change. China, Japan, Korea, France, Germany all these countries do not use English at academic levels. They use software translators and interpreters to communicate with world and to understand them. Native languages enable the person to understand matters more thoroughly. Despite various English medium schools most of our people could not understand and speak English well and they depend on views and discussions of others on researches, reports, speeches and other events. Other people always discuss events according to their knowledge and views all people could not understand the real shape of matters through their discussions. Therefore there is a need to enhance and spread knowledge in native language.

Nevertheless, after carried out education system in last six decades, creates big number of populations who could not understand and utilize science and math concepts in Urdu language. Therefore we have to develop such a policy which preserve our cultural language Urdu, help us to understand Quran by studying Arabic and help us to understand world by studying English. Pakistan enters such circumstances that it needs to learn all these languages to defend themselves worldwide and compete with world without compromising their own Pakistani and Islamic culture. From the new section of this article I put forward some suggestions to develop such an educational system.

In this section of article I am suggesting some approaches to follow. I designed these approaches on the foundations of my own experience, knowledge and observations. These approaches are not theoretical proof of any intellectual; they are just my ideas as common person of this society. These approaches could help to design sound approaches to follow later by any good government. Because for implementation of such approaches and suggestions there is a dire need of good governance by our politicians. These approaches with details are following:

Most of our policies seemed sudden jump to targets. For example, the decision of present government to equalize public sector schools and private schools within one year. This is not an easy task. We have to design steps to achieve this target. And those steps should be decided before announcement of such activity. Government policy does not seem to have gradual steps to achieve this target. At this stage we could not stress schools and colleges to have English as medium of instructions. First curriculum should be designed such that student could become able to speak and understand English well, otherwise its flapdoodle to announce English as a medium of instruction. Moreover schools in villages and in less developed cities should be upgraded by hiring excellent professional and by introducing advance facilities. Beside this all the subjects should begin in any one language from early classes. Government decision to give option provinces to teach math and science up to fifth class either in Urdu or English will create problem in developing concepts in higher classes. They should be in English from beginning.

Higher education commission should send position holder students of intermediate under their strict observations and conditions, to foreign developed countries for studies with full facilities and contracts to return after completion of studies. China adopts the same strategy to meet the global competitiveness.

Most of circles suggest abandoning elite schooling, (City, Becon, Roots etc). Despite abandoning, government should benefit from such schools. Scholars of these schools should be hired in remote areas with good grades to improve the systems of those schools along with preparing reports over various issues related to the area and the school problems. Such students should be bounded for one year in remote areas, after that they should be prized at national level for encouragement. Then they should left independent to continue the same task or to do any other job. We could term it as brain gain within country.

Teaching is not an as much easy profession as much it is considered in our country. Concepts developed by teachers from very early life used by one in whole life. A kid learns to take out percentage in level-5, if he got good teacher then he could learn to calculate percentage in his brain without calculator just in few seconds but if he could not got a good teacher then in the whole life career after level-5, he could not calculate percentage without calculator. Hence while hiring teachers there should be very critical process just like for selecting bankers. In our country most of teachers hired due to their relationships with local MNAs. And in most places teachers hired but they do not attend schools in remote places. In various villages teachers put any girl or boy on their place and enjoy their pay while sitting in home and give some percentage to their substitute teachers. Hiring process should include written test, interview and demonstration. Private schools mostly prefer only demonstration, because they hire teacher to teach not only to give them money for their degrees. Teaching is an art and everyone could not teach, it should be checked through demonstrations.

Government should compare its training mode with training of elite schools teachers. Or government should train trainers from elite school’s trainers to improve whole training menu. A very simple girls and boys having qualifications from public sector schools becomes excellent teachers after training thorough elite school trainers, therefore government should use this existing resource to improve teachers standard.

In developed countries besides teacher’s training there is strong concentration on parents training. Children passed only 8 to 6 hours with teachers and remaining 16 hours with parents. Children learn from all sorts of activities and experiences in their life therefore there is a dire need to improve their all teachers (parents are real teachers). Parents should be trained that how should they behave with their children in different matters, how could they create tolerance and democratic attitude in their children. Connecticut Commission on Children develops PLTI (parents leadership training institute) in 1992 in USA to enable parents to become leading advocates of children. Government should go through the documents of PLTI and other such organizations and develop parents training institute. Due to illiteracy and rigid customs Pakistani parents are unable to guide their children and to develop tolerant minds. Most of the parents could not understand the tracks of their children and strictly push them towards own wills and which ultimately destroy, number of generations in our country. In childhood parents mostly use abusive language with children and mostly scold them without any fault. Parents do not care that how much their attitude effects children moral life. Moreover most of parents discuss family disputes with children, even mostly mothers share misbehave of in-laws with young children which deteriorates their whole life and they start disliking and disobeying parents. There are several such matters which are creating argumentative generations. Hence government should put special concentration on this matter.

Besides this as there is number of illiterate people in adult ages and hence we have illiterate parents. Therefore adult literacy schools should be established which include 5 years education. In these five years parents should made able to read and write at least Urdu. The timing of these schools should also be adjusted two times in a day, so that mothers and fathers could attend them one after another.

While teaching in elite schools for several years and then in orphan school for one year I observe in both environments that there is strong lack of teachers and parents coordination. Teachers mostly blame parents and parents always blame teachers. However, they should sit together to understand the real problems of students. Most of the parents thought that teacher do not like their child, and they willfully neglect, him and do not give him position. Such attitude of parents should be improved through training. In public sector schools, parent’s teacher’s coordination is about absent. Private schools have their proper calendar for parent’s teachers meeting but public sectors do not give any importance to this matter. Public schools should strictly bind to manage PTMs and submit reports on them.

Teaching job is not attractive in Pakistan. Most of girls and boys do teaching just for time pass in their study gaps. If we ask from any young, what will you want to become in elder age? Very few will answer “Teacher”. Most of teenagers will answer as doctor, engineer, lawyer or banker. This show the teacher’s job has no respect and status in or country, that’s why we have lot of low standard and unqualified teachers. The hiring process, facilities and pay packages of teachers also shows that teacher job is a poor job and professional people do not prefer it. Government should make this job attractive by announcing number of income packages especially for those who hired in remote areas. Remote area teachers should be facilitated by resident and transport facility along with additional pay.

Teachers and students faced lot of problems within their schools and colleges. There should be e-complaint desk, where students and teachers could mail their problems. Also there should be facility for students and teachers who could not use Internet or do not have facility of Internet to post mails to head office of complaint desk. Complaint office should have only one office in Islamabad for secrecy and for immediate action without any hurdles. Address of complaint desk should be mentioned on text books of schools so that everyone understands it and parents could also contribute. Annual reports should also be submitted to complaint desks and members of complaint desks should also visit schools as required for strong check and balance. This institute should be made highly well organized and highly qualified and educated people should be hired there.

Book banks mostly exist within schools; they should be developing officially like other banks. Elite people and foreign donors along with government and NGOs should donate books, copies, stationary, uniform and bags in the bank for poor people in the country. Moreover there should be special branch for student’s fee, where fee for poor children could be submitted by rich people. The bank should be advertised in media and Internet and people should encourage in supporting poor people for education.

For better monitoring and evaluation all schools should bound to submit annual reports to complaint desks. Then compliant desk should compare reports with complaints and manipulate progress of each. Members from complaint desks should also visit suddenly to schools for strict check and balance. Annual reports should contain all sorts of statistics on students along with number of parents meeting in the school and views/complaints and problems of parents. These reports should be utilized to check improvement in whole system and to establish new policies to new issues.

In the NEP-2009 government announce for one universal curriculum in country which is also termed national curriculum. However government faced lot of problems in formation of such curriculum. I go through document “curriculum reforms in Pakistan, a glass full or half empty” by Baela Raza Jamil, while reading it, I observe that they want to follow SDPI document on textbooks of Pakistan that I have discussed earlier in research outcomes. Like many other policies present government follow Musharraf policy in another face towards education dilemma.

Adaptation of national curriculum is good decision but there is a need to be fair in this regard. Our government is not fair and wants to injure Islamization and ideology of Pakistan through new curriculum. Punjab text book board and NWFP board both opposing this policy and understand the reality. People of Pakistan should wake up in this regard and, save the generation of Pakistan. Despite highlighting technological and literal knowledge backwardness, government is concentrating on abolishing Islamic norms and values and hinders patriotism of Pakistani people.

Integrating curriculum should be developing by considering curriculum of elite schools and public sector schools as well as Madrassa’s curriculum (to integrate Islamic education in curriculum and reduce madrassa system). Besides this repetition of various concepts should be minimized for example, students have to study about seasons both in social studies and science. They have to study about Seerat-e-Nabi both in Urdu and Islamiyat. There are various such topics which repeated in same level in different subjects. This increases text burden on students without increasing knowledge. Therefore subjects should be integrated in one broad category, to minimize number of subjects by increasing quantity of knowledge delivery. Various subjects integration suggestions are given in following sub-section of this article.

Presently students have to study English A and English B, Urdu A and Urdu B, Islamiayat, Social studies, science and maths from 1 to 5 in public sector schools and in additions to all these Arabic and Computer from 6 to 8. Later students have to study physics, biology and chemistry on place of Science and Arabic excluded in 9 and 10.in intermediate classes i.e. 11 and 12, science students of metric have options to selects engineering, medical or computer sciences and those students who studied economics in metric mostly move to social sciences in intermediate, although various students with less marks in science group of metric also selects social sciences in intermediate or move towards totally Art group. In various schools there is also option for Art group in metric.  If we compare subject diversification with elite school we could easily understand very few options for education careers in public sector schools. Therefore such a curriculum should be designed which could give place for more subjects. In this regard I put forward few suggestions.

In this subject Islamiate, Arabic and Nazra should be integrated. It is rubbish to teach Arabic from 6 to 8 and after it in BA/BSc. This is only increase of quantity of subjects, it does not lead to make students able to understand and speak Arabic. In early ages students have to study Noorani Qaida from Qari sahib in homes or in Mosques/Madrassa, despite this Noorani Qaida along with reading and understanding Quran should be made compulsory subject from 1 to 8 so that on one hand students learn to speak and understand Arabic and on other hand they complete Quran in schools along with understanding it. Islamic stories and morals should be taught stepwise as explained in Quran Majid. In this way each Muslim will be become able to understand Quran himself and could apply it in their lives. Islam should be taught only in this subject no other subject should have topics from this subject, so that minority could have option to study that subject. In schools from level 1 to 5 non-Muslim students should be engaged in other activities during the period of Islamic studies. And from 6 to 8 non-Muslim students should give an option to attend the periods or to not attend it.

In most of schools Urdu literature (Urdu A) and Urdu language (Urdu B), taught separately. This increase text burdens on students, despite this in the end of every comprehensive topic there should be grammar exercises related to the topic. Comprehension should be related to Urdu Adab only; it should not from Quran Majid. Islam should teach only in one subject thoroughly. Although some of writers work on Islam in their literature, it should be taught accordingly without any exaggeration.

Similar to Urdu, English literature and language should also integrate in one book. And only English writers should be discussed in this subject. Most of English books contain stories about Pakistan and Islam, it should be deleted as English is a language and it should teach to learn only language. In this way SDPI objections could also tackled while preserving our religion through subject Islamic Studies.

From 1 to 5 social studies, science and economics should be integrated in one subject General Knowledge. In our public schools text books there is no information on economics and therefore students unable to understand current affairs despite highly intelligence. In science and social study students study different topic repeatedly in both subjects such as seasons, planets, lunar and solar eclipse, latitude altitude, formation of rocks and layers of soil, parts of body and many others. Therefore these two subjects should be integrated in one to avoid repetition and minimize text burden. From 6 to 8, should be separated and economics and social studies should be integrated in one subject

Mathematics should be made advance and treated as separate subject throughout.

Computer should be started practically from 6 to 8. In most of schools there are books on computer which give very little information on computer. That information could be delivering in one chapter in the beginning of class 6, therefore there should be no computer before 6 classes, and it just destroys students. From 6 to 8, students should make able to use MS office, installing windows, dealing with software, Internet, search engines and e-education. This is not difficult as most of people learn it all within 3 months course. Therefore it is better to teach all this thoroughly from 6 to 8.

In this way from 1 to 5, total number of subjects will be 5 instead of 8 or 9. Similarly from 6 to 8, total number of subjects will be 7, instead of 9 or 10. It is important to reduce number of books and copies to lesson weight of heavy bags and burden of too much text and copy work. Some of suggestions in this regard are following.

In most of schools teachers use whole time in displaying answers for question on white board and students copy them on their note copies with full silence. Some of students have very slow writing and they could not complete all in one period, teachers mostly waste their time in checking about 200 to 300 copies daily with lot of mistakes and despite this mostly scold by admin and parents over little mistake. Therefore workbooks should be introduced in which answers of various questions given, and students only have to learn them, and teachers could have time to clear them questions and answers both. In most of the cases students do not know what the question is and what the answer, in exams they mostly give, answer of another question to the question asked. This happened because students could not understand English language, and teachers have, pressure to complete syllabus and therefore they could not clear meaning and concept of each question along with answers. Therefore workbooks should be installed which include, question answers, objective type activities i.e. fill in the blanks, MCQs, true false, matching columns etc ( available on Internet as worksheets which are easy to download and print, to develop workbooks one should get benefit of those websites). Workbooks with answers of question should be for 1 to 5, before this (from6 to 8) space for answers should be left empty and students should be guided verbally in class by teachers about answers and students have to fill themselves. After 8 class there should be no work books.

Activity based learning should be introduced; most of concepts could not cleared to students unless they do not experience it. On Internet search engines now there are variety of activities provided on each subject and concept. In the end of each topic in work books there should be explanations of activities and schools should be compelled to follow them and give statistics about them in annual reports and it should be then checked by complaint desks whether there is any reality in the reports or not?

In most of the schools there is separate paper of drawing which is totally unfair. Drawing is an art and some students could have natural interest in it while others do not have. It is natural that some students could draw pictures finely but some could not even after lot of practice. Therefore painting should be installed only as an activity and students should not forcefully compel to draw dog or cat only. Coloring, painting, sketching and other techniques should be delivered to students but they should let independent to do any work in drawing activity periods.

Most of the public sector schools in remote areas neglect extracurricular activities like sports, annual day, fun fair, and various types of competitions. Schools should be bound to start such activities and give statistics over them in annual reports to complaints desk.

In the end of 8 classes, after one month counseling about various subject options in 9 and 10, students should be kept independent to select any one of following four subjects which include further subjects and there should be no compulsory subject in this stage. Students who select any one of following four subjects would study only enlisted sub-subjects with detailed comprehension thoroughly.

1. Islamic Studies ( islamic law, islamic history, Arkane-Islam, Quran with full translation and commentary)

2. Literature( Urdu, English, Arabic, Arts)

3. Social Sciences ( Pakistan Studies,World Affairs,  Economics and Politics, Sociology)

4. Science ( Physics, Chemistry, Biology, Computer, Maths)

Students should give assignments which they have to search on Internet, each section should have there own website which should open to students to submit their subjectivity that develop in their minds during studying as articles, newsletters and manuscripts. Students should encourage developing their magazines which include their writings and views.

In intermediate, after one month counseling, students have to give option to select any one from sub-subjects of their particular category. And that category should be divided further in few subjects for more comprehensive and advance education over the various topics. Here I want to discuss Pakistan studies, students have to study same Pakistan studies from 9 to 13 class, that is from metric to Bsc. It is totally flapdoodle and crummy to make such a subject compulsory for 6 years without any solid knowledge. Contents of Pak studies should be made more comprehensive in metric, so that after metric if students select this subject for their intermediate then they could study further diversification of this subject.

In the end of 12 years qualification, now students have to select any particular subject for four years Bachelor. After such a sharp education from 1 to 12, students could absorb advance concepts in active ages of their minds i.e. teenage, in this age student mind is most active and they could understand and learn more quickly. Therefore it is effective to utilize this age. In Pakistan most of students have, chance to study advance concepts in Mphil or PHD, in the age where he/she have also to marry and support their parents. In that age various other tensions attached with any single person, and they could not seek and absorb advance concepts. Pakistan is far behind in race of concepts in every subject therefore there is a need to improve the system in a way that it not only increase quantity but also improve quality.

While describing curriculum I suggest “counseling” in the end of each step of education. The aim of this counseling is to tell students that how a particular subject could help you in life. And it could make easy for students to select subject according to their will. Most of the parents compel children to select medical or engineering only, after wards students could not absorb them and waste their important years of life. Counseling could help them to select subject according to their taste.

In schools there summer camps should be make certain in which students have to learn cooking, stitching, knitting, driving, singing , reading writing any regional language and etc. such courses should be make open to both girls and boys to reduce gender dependency in the society.

Technical education courses should be offered after 10 years qualification but diploma courses should be offered after 12 years of qualification. Instead of BED and MED, any diploma and post diploma course in education should be offer after 12 years qualification. To increase the number of quality teachers for primary and secondary school years in short span of time.

In the end I want to tell that suggestion that I have display in this article may not be best but they are not as worse as much existing are. Although these suggestions seemed very difficult to achieve but infact they are not, there is a need of work hard only. Even I can’t say that it is much costly, formation of book bank could reduce various expenditures. Moreover it is very clear that if existing funds utilized fairly then there could be no shortfall of funds.

Sadia Hanif From Pakistan

Source: ArticlesBase.com

posted by in Education and have Comments Off

critical analysis of the case – T.M.A.Pai foundation v. State of karnataka, AIR 2003 SC 355 – through the view of minority of educational rights

critical analysis of the case – T.M.A.Pai foundation v. State of karnataka, AIR 2003 SC 355 – through the view of minority of educational rights

1)      Ahmadabad St. Xaviers College v. State of Gujarat, AIR 1974 SC 1389

2)       In Re The Kerala Education Bill, [1959]1 SCR 995.

3)      St. Stephens College v. University of Delhi,(1992) 1 SCC 558 

4)      T.M.A PAI Foundation v. State of Karnataka, AIR 1994 SC 13

5) D.C.Wadhwa .v. State of Bihar AIR 1987 SC 579 

6)      P.A. Inamdar & Otrs v. State of Maharashtra AIR 2005 SC 3226

7)      Unni Krishnan J.P & Otrs v. State of Andhra Pradesh AIR 1993 SC 2178

8)      D.A.V. College v. State of Punjab, AIR 1971 SC 1737

9)      AIR 1951 SC 226

10)  Bal Patil and Anr v. Union Of India, (2005) 6 SCC 690

“What on earth are you doing?” said I to the monkey

When I saw him lift a fish out of the water and place it on the branch of a tree

“I am saving the fish from drowning” replied the monkey.

There is a danger that even the most benevolent majorities have this monkey’s salvation over minorities. This is exemplified in the oft repeated invitation to the minorities to dive into the national mainstream. The Supreme Court of India has saved itself from a monkey. The constitution bench of 11 Judges in the matter of , had a relook into the interpretation of the constitutional rights of the religious and linguistic minorities to establish and administer educational institutions of their choice. Apart from interpreting the content and extent of these rights and juxtaposing them with the so called similar rights of non minorities, the judges went into the question what is the meaning and content of the expression ‘minorities’ in Article 30? The expression “minority” has been derived from the Latin word ‘minor’ and the suffix ‘ity’ which means “small in number”. J.A. Laponee in his book “The Protection to Minority” describes “Minority” as a group of persons having different race, language or religion from that of majority of inhabitants. In the Year Book on Human Rights U.N. Publication 1950 ed. minority has been described as non dominant groups having different religion or linguistic traditions than the majority population.

Article 30(1) uses the terms ‘linguistic’ or ‘religious’ minorities. The word ‘or’ means that a minority may either be linguistic or religious and that it does not have to be both – a religious minority as well as linguistic minority. It is sufficient of it is one or the other or both. The constitution of India provides for special rights to both linguistic and religious minorities “to establish and administer educational institutions of their choice” under Article 30. Hence no such law can be framed as may discriminate against such minorities with regard to the establishment and administration of the educational institutions vis-à-vis other educational institutions. Article 30 is a special right conferred on the religious and linguistic minorities because of their numerical handicap and to inspire in them a sense of confidence. While upholding these rights, the Supreme Court has, in the TMA Pai case, also endorsed the concept that there should be no reverse discrimination and opines that “the essence of Article 30(1) is to ensure equal treatment between the majority and the minority institutions. No one type or category of institution should be disfavoured or, for that matter, receive more favourable treatment than another. Laws of the land, including rules and regulations, must apply equally to the majority institutions as well as to the minority institutions. The Supreme Court has time and again, in many judgements, ruled that minority status can be decided only by taking the state as a unit. It has reasoned that since ‘religious’ and ‘linguistic’ are mentioned at the same time in Article 30 of the constitution, and since the states were carved out in India by taking language as the criterion, the classification of ‘minority’ cannot be based on some other principle. Accordingly, a state government can confer minority status on an educational institute only after considering the socio-economic backwardness of the minorities in that state. This is the reason why, even though 90 per cent of the educational institutions (aided or unaided) in Kerala are run by person(s) belonging to the minority communities, the same have not been accorded minority status.

Article – 30(1) gives the linguistic or religious minorities the following two rights:
(a) The right to establish, and 
(b) The right to administer educational institutions of their choice.

Article – 30(2) bars the state, while granting aid to educational institutions, from discriminating against any educational institution on the ground that it is under the management of a linguistic or a religious minority. It mandates that in granting aid to educational institutions, the state shall not discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

The minorities have been given protection under article 30 in order to preserve and strengthen the integrity and unity of the country. The sphere of general secular education will develop the commonness of boys and girls of India. This is in the true spirit of liberty, equality and fraternity through the medium of education. The minorities will feel isolated and separate if they are not given the protection of article 30 general secular education will open doors of perception and act as the natural light of mind for our countrymen to live in the whole. While moving the Draft Constitution in the Assembly on November 4, 1948, Dr. Ambedkar quoted Grote, the historian of Greece, who had said: “The constitutional morality, not merely among the majority of any community but throughout the whole, is an indispensable condition of government at once free and peaceable; since even any powerful and obstinate minority may render the working of a free institution impracticable without being strong enough to conquer the ascendancy for themselves.” It is quite possible to pervert the Constitution without changing its form. That is exactly what is taking place in India. That was exactly what Adolf Hitler did in Germany. Without altering the form of the Weimar Constitution, he destroyed the entire constitutional spirit and, in the end, the Constitution itself. Prof. Wadhwa in D.C.Wadhwa .v. State of Bihar gives a quotation from the Roman legalist Julius Paulus (B.C. 204): “One who does what a statute forbids transgresses the Statute; one who contravenes the intention of a Statute without disobeying its actual words, commits a fraud on it.” Auto-limitation and Self-scrutiny by the judiciary: vitiates Constitutional morality and judicial values?

Now let us come to the topic. The case of T.M.A.PAI foundation is a landmark case which deals with the rights of minorities in India, which often I feel in this nation has not yet been recognised. We say India is a home to various cultures, different people and different languages. And we say that there is UNITY IN DIVERSITY. But in my personal opinion I don’t feel so… because still allot of people have been subdued under the hands of the most power handed majorities.

It was this judgment that necessitated the Constitution First Amendment, which added Clause (4) to Article 15. It will be noticed in Article 29 that while Cl. (1) protects the language, script or culture of a section of the citizens, cl. (2) guarantees the fundamental right of an individual citizen. The right to get admission into any educational institution of the kind mentioned in Cl. (2) is a right which an individual citizen has as a citizen and not as a member of any community or class of citizens. This right is not to be denied to the citizen on grounds only of religion, race, caste, language or any of them. If a citizen who seeks admission into any such educational institution has not the requisite academic qualifications and is denied admission on that ground, he certainly cannot be heard to complain of an infraction of his fundamental right under this Article. But, on the other hand, if he has the academic qualifications but is refused admission only on grounds of religion, race, caste, language or any of them, then there is a clear breach of his fundamental right. The section of the people, in particular, of the Scheduled Castes and the Scheduled Tribes, and with protecting them from social injustice and all forms of exploitation. It is pointed out that although this Article finds a place in Part IV of the Constitution which lays down certain directive principles of State policy and though the provisions contained in that Part are not enforceable by any Court. the principles therein laid down are nevertheless fundamental for the governance of the country and Art. 37 makes it obligatory on the part of the State to apply those principles in making laws. The argument is that having regard to the provisions of Art. 46, the State is entitled to maintain the Communal G. O. fixing proportionate seats for different communities and if because of that Order, which is thus contended to be valid in law and not in violation of the Constitution, the petnrs. are unable to get admissions into the educational institutions, there is no infringement of their fundamental rights. Indeed, the learned Advocate-General of Madras even contends that the provisions of Art. 46 override the provisions of Art.29 (2).

The ruling in this case has been reiterated by the Supreme Court in Guru Nanak University case. In that case, the Supreme Court rejected the contention of the state of Punjab that a religious or linguistic minority should be a minority in relation to the entire population of India. The Court has ruled that a minority has to be determined, in relation to the particular legislation which is sought to be impugned. If it is a state law, the minorities have to be determined in relation to the state population. The Hindus in Punjab constitute a religious minority. Therefore, Arya Samajistis in Punjab also constitute a religious minority having their own distinct language and script. It is within the realm of possibility that the population of a state may be so fragmented that no linguistic or religious group may by itself constitute 50 percent of the total state population. In such a situation, every group will fall within the umbrella of Art. 30(1) without there being a majority group in the state against which minorities need to claim protection.

The Court has pointed out that if various sections and classes of the Hindus were to be regarded as ‘minorities’ under art. 30(1), then the Hindus would be divided into numerous sections and classes and cease to be a majority any longer. The sections of one religion cannot constitute religious minorities. The term ‘minority based on religion’ should be restricted only to those religious minorities, e.g. Muslims, Christians, Jains, Buddhists, Sikhs, etc., which have kept their identity separate from the majority, namely, the Hindus. The provision of article 30(1) does not however mean that the state can impose no regulations on the minority institutions. In this case, the Supreme Court also observed: “The right conferred on the religious and linguistic minorities to administer educational institutions of their choice is not an absolute right”. It has to be read with regulatory power of the state. Regulations which do not affect the substance of the guaranteed rights, but ensure the excellence of the institutions and its proper functioning in matters educational, are permissible.

In this case the question arose as to “whether the minority community was to be determined on the basis of the entire population of India, or on the basis of the population of the state forming a part of the union. It has been contended by the state of Kerala that for claiming the status of minority, the persons must numerically be a minority in the particular region in which the educational institution was situated, and that the locality or ward or town where the institution was to be situated has to be taken as the unity to determine the minority community. No final opinion on this question was expressed, but it was observed at SCR p.1050 that as the Kerala Education Bill “extends to the whole of the state of Kerala and consequently the minority must be determined by reference to the entire population of that state.” In the two cases pertaining to D.A.V.College, this court had to consider whether the Hindus were a religious minority in the Guru Nanak college case the question posed was as to what constituted a religious or linguistic minority, and how it was to be determined… after examining the opinion of this court in the Kerala Education Bill, 1957 case the court held that the Arya Samajistis, who were Hindus, were a religious minority in the state of Punjab, even though they may not have been so in relation to the entire country. In the 1971 D.A.V.College case it was stated that “what constitutes a linguistic or religious minority must be judged in relation to the state inasmuch as the impugned Act is a State Act and not in relation to the whole of India.” The Supreme Court rejected the contention that since Hindus were a majority in India, they could not be a religious minority in the state of Punjab, as it took the state as the unit to determine whether the Hindus were a minority community. There can, therefore, be little doubt that this court has consistently held that, with regard to a state law, the unit to determine a religious or linguistic minority can only be the state. The forty second amendment to the constitution included education in the concurrent list under Entry 25. Would this in any way change the position with regard to the determination of a “religious” or “linguistic minority” for the purpose of Article 30?As a result of the insertion of Entry 25 into List III, parliament can now legislate in relation to education, which was only a state subject previously. The jurisdiction of Parliament is to make laws for the whole or a part of India. It is well recognized that geographical classification is not violative of Article 14. It would therefore, be possible that, with respect to a particular state or group of states, parliament may legislate in relation to education. However, Article 30 gives the right to a linguistic or religious minority of a state to establish and administer educational institutions of their choice. The minority for the purpose of Article 30 cannot have different meanings depending upon who is legislating. Language being the basis for establishment of different states for the purposes of Article 30, a “linguistic minority” will have to be determined in relation to the state in which the educational institution is sought to be established. The position with regard to the religious minority is similar, since both religious and linguistic minorities have been put on par in Article 30.

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Here in this case it was observed by the court that: “Every educational institution irrespective of community to which it belongs is a ‘melting pot’ in our national life” and that it is essential that there should be a “proper mix of students of different communities in all educational institutions.” This means that a minority institution cannot refuse admission to students of other minority and majority communities. The Supreme Court in this case has pointed out that the spirit behind article 30(1) is the conscience of the nation that the minorities, religious as well as linguistic, are not prohibited from establishing and administering educational institutions of their choice for the purpose of giving their children the best general education to make them complete men and women of the country. As K.K. Mathew, J. has observed supporting the majority view in this case: “It is upon the principal and teachers of a college that the tone and temper of an educational institution depend. On them would depend its reputation, the maintenance of discipline and its efficiency in teaching. The right to choose the principal and to have the teaching conducted by teachers appointed by the management after an overall assessment of their outlook and philosophy is perhaps the most important facet of the right to administer and educational institution”, and also the Supreme Court has rightly pointed out, “The whole object of conferring the right on the minorities under Article 30 is to ensure that there will be equality between the majority and the minority. If the minorities do not have such special protection they will be denied equality.”

The Court ruled out that college was established and administered by a minority community, viz., the Christian community which is indisputably a religious minority in India as well as in the union territory of Delhi where the college is located and hence enjoys the status of a minority institution. On the question of admission of students of the concerned minority community, the court has ruled that, according to article 30(1), the minorities whether based on religion or language have the right “to establish and administer” educational institutions of their choice and the right to select students for admission is a part of administration. On this point, the court has observed: “It is indeed an important facet of administration. This power also could be regulated but the regulation must be reasonable just like any other regulation. It should be conducive to the welfare of the minority institution or for the betterment of those who resort to it.” There is also the question of fees chargeable by the unaided minority institution from its students. The reason is that unaided institutions have to meet the cost of importing education from their own resources and the main source can only be the fees collected from the students. But these institutions cannot be permitted to indulge in commercialization of education. Therefore, it would not be unconstitutional for the government to issue an order which places a restriction on the amount of fee chargeable by an institution, if, on facts, the minority institutions indulge in commercialization of education and maladministration of the educational institutions. Medium of Instruction – The right of a minority to establish and administer educational institutions of its choice also carries with it the right to impart instruction to its children in its own language. The result of reading articles 29(1) and 30(1) together is that the minority has the choice of medium of instruction and the power of the state to determine the medium of instruction has, therefore, to yield ground, to the extent it is necessary to give effect to this minority right. The most significant case on this point is the D.A.V College, Bhatinada v. State of Punjab. By a notification, the Punjab Government compulsorily affiliated certain colleges to the Punjab University which prescribed Punjabi in the Gurumukhi script as the sole and exclusive medium of instruction and examination for certain courses. The Supreme Court declared that it violated the right of the Arya Samajistis to use their own script in the colleges run by them and compulsorily affiliated to the University. The constitution uses the term ‘minority’ without defining it. In this case, the Supreme Court also opined that while it is easy to say that minority means a community which is numerically less than 50 per cent, the important question is 50 % of what constitutes minority? Should it be of the entire population of India? Or of a state?  Or a part thereof? It is possible that a community may be in majority in a state but in a minority in the whole of India. A community may be concentrated in a part of a state and may thus be in majority there, though it may be in minority in the state as a whole. If a part of a state is to be taken, then the question is where to draw the line and what is to be taken into consideration a district, town, a municipality or its wards. The court delved into the issue of minority educational institutions and the parameters of their operational freedom. It was held that a minority institution had a right to establish an educational institution. On the question of whether such a minority institution could be directed to adopt a uniform selection criteria, the court ruled that if the selection or interview was based on candidate’s academic record, as well as performance at the interview, such procedure cannot be disturbed by a university directive. Merely getting on state aid such institution would not be covered by Article 29(2) {which prohibits denial of admission on grounds of religion alone} and lose its protection under Article 30(1) {right of minorities to establish an educational institution}. However, a minority cannot establish educational institutions for its exclusive benefit. It can accord preference to members of its own community up to a maximum of 50% of the annual admission.

The scheme in this case has the effect of nationalizing education in respect of important features like the right of a private unaided institution to give admission and to fix the fee. By framing this scheme, which has led to the state governments legislating in conformity with the scheme, the private institutions are indistinguishable from the government institutions; curtailing all the essential features of the right of administration of a private unaided educational institution can neither be called fair nor reasonable.  This point has been observed in this decision in Para 194. The wide amplitude of the right conferred in case was restricted by the court in this case. It held that the right to education related only to basic education and state provision for higher education would depend upon its economic capacity. Whereas private educational institutions could charge a fee higher than government institutions, the amount could not be a capitation fee in disguise. Commercialization of education was not permissible. The court framed a detailed scheme to minimize discretion of private educational institutions in matters of admission and levy of fees.  The Hon’ble Supreme Court in this Unni Krishnan’s case has laid down a formula to bring about a partnership between the Public Sector and the Private Sector to work together for the development of higher education. The Government has since developed mechanisms to prevent commercialization and at the same time rope in the Private Sector to provide higher education to its citizens. The meaning of the word life includes the right to live in fair and reasonable conditions, right to rehabilitation after release, right to live hood by legal means and decent environment. The expanded scope of Article 21 has been explained by the Apex Court in the Unni Krishnan’s case and the Apex Court itself provided the list of some of the rights covered under

Article 21 on the basis of earlier pronouncements and some of them are listed below:
(1) The right to go abroad.
(2) The right to privacy.
(3) The right against solitary confinement.
(4) The right against hand cuffing.
(5) The right against delayed execution.
(6) The right to shelter. 
(7) The right against custodial death.
(8) The right against public hanging.
(9) Doctors assistance.

It was observed in Unni Krishnan’s case that Article 21 is the heart of Fundamental Rights and it has extended the Scope of Article 21 by observing that the life includes the education as well as, as the right to education flows from the right to life. As a result of expansion of the scope of Article 21, the Public Interest Litigations in respect of children in jail being entitled to special protection, health hazards due to pollution and harmful drugs, housing for beggars, immediate medical aid to injured persons, starvation deaths, the right to know, the right to open trial, inhuman conditions in aftercare home have found place under it. Through various judgments the Apex Court also included many of the non-justifiable Directive Principles embodied under part IV of the Constitution and some of the examples are as under:

(a) Right to pollution free water and air. 
(b) Protection of under-trial. 
(c) Right of every child to a full development.
(d) Protection of cultural heritage.

Here the unaided Colleges are privately managed and raise their own funds. The Hon’ble Supreme Court has held that ‘the right to admit students being an essential facet of the right to administer educational institutions of their choice, as contemplated in Article 30 of the Constitution, the State Government or the University may not be entitled to interfere with that right, so long as the admission to the unaided educational institutions is on a transparent basis and the merit is adequately taken care of. The right to administer, not being absolute, there could be regulatory measures for ensuring educational standards and maintaining excellence thereof, and it is more so in the matter of admissions to professional institutions’. This was observed by the Hon’ble Supreme Court in T.M.A.Pai Foundation and others v. State of Karnataka and others.

Article 30(1) postulate that the religious community will have the right to establish and administer educational institutions of their choice meaning thereby that where a religious minority establishes an educational institution, it will have the right to administer that. The right to administer has been given to the minority, so that it can mould the institution as it thinks fit, and in accordance with its ideas of how the interest of the community in general, and the institution in particular, will be best served. For purpose of article 30(1), even a single philanthropic individual from the concerned minority can found the institution with his own means. A minority institution may impart general secular education; it need not confine itself only to the teaching of minority language, culture or religion. But to be treated as a minority institution, it must be shown that it serves or promotes in some manner the interests of the minority community by promoting its religious tenets, philosophy, culture, language or literature. The court addressed the issue of abolition of capitation fees pose Unnikrishnan and the scheme formulated for the admission of students. With the issue of the right of minority educational institutions pending consideration of a large bench, the court made a few modifications to the scheme to facilitate smoother functioning and gave interim directions. It also directed the Reserve Bank of India to formulate schemes to provide educational loans.

An 11 judge bench of the Supreme Court headed by Chief Justice B.N. Kripal held that the state governments and universities cannot regulate the admission policy of unaided educational institutions run by linguistic and religious minorities, but state governments and universities can specify academic qualifications for students and make rules and regulations for maintaining academic standards. The same principle applies in appointment of teachers and other staff. An unaided minority educational institution would be free to hire as it pleased as long as some essential qualifications were adhered to. In this case a number of petitions were filed by the management of minority educational institutions challenging the unnecessary control exercised by the government in various rules and regulations and hampering their progress of quality education. They contended the right in Article 30 which gives them full autonomy in running their institutions. In all the court framed five questions which are to be considered in these petitions

1)      What is the extent of control of state on minority institutions?

2)      What should be the procedure for admission of students?

3)      Will eligibility be confined to minority students or students of other community?

4)      Who is minority and how is to be determined?

5)      Whether these rights are available to minorities only or to other communities?

 

After the 11 judge bench decision in T.M.A. Pai’s case it was thought that the controversies regarding minority educational institution was finally settled. But the subsequent events showed different signs. These signs are due to the loop holes in the above said case. It was observed that the principles laid down in T.M.A. Pai’s case were so broadly formulated that it gave enough scope to apply those principles in different ways by the High Courts. The result was that the high court was flooded with writ petitions seeking for the settlement of various issues which remained unsolved. The constitution of India extends protection to minorities in different ways. Even though the constitution does not define the term minority it mentions of religious, linguistic and cultural minorities in articles 29 and 30. In India minorities are of diverse kinds given its pluralistic composition and multicultural history. There are religious, linguistic and cultural minorities and minorities possessing special scripts of their own, untouchable, socially and educationally backward classes schedule caste and schedule tribes. Throughout the years the term minority was subjected to judicial interpretation by the Supreme Court and many High Courts and has acquired legal and constitutional connotations which are consistent with the sociological concept regarding minority. It is noted that articles 29 and 30 of the constitution of India is based on culture, language, script or religion should not be compelled by the circumstances to give up their language, script or religion which should not be compelled by the circumstances to give up their culture, script or religion. The right to establish and administer private unaided non minority educational institutions broadly comprises the following rights;

To admit students;
To set up a reasonable fee structure;
To constitute a governing body;
To appoint staff (teaching and non teaching)
To take action if there is failure of duty on the part of any employees.

 

With regard to the core components of the rights under Article 19 and 26(a), it must be held that while the state has the right to prescribe qualifications necessary for admission, private unaided colleges have the right to admit students of their choice, subject to an objective and rational procedure of selection and the compliance with conditions, if any, requiring admission of a small percentage of students belonging to weaker sections of the society by granting them freeships or scholarships, if not granted by the government. The right to establish an educational institution can be regulated; but such regulatory measures must, in general, be to ensure the maintenance of proper academic standards, atmosphere and infrastructure (including qualified staff) and the prevention of maladministration. Article 30(1) deals with religious minorities and linguistic minorities. The opening words of the Article makes it clear that religious and linguistic minorities have been put on par, insofar as that Article is concerned. Therefore, whatever the unit whether a state or the whole of India for religious minority. India is divided into different linguistic states. The states have been carved out on the basis of the language of majority of persons of that region. For example the state of Maharashtra has been established on the basis of the language (Marathi) of that region. “Linguistic minority” can, therefore, logically only be in relation to a particular state. If the determination of such minority for the purpose of Article 30 is to be in relation to the whole of India, then within the state of Maharashtra, Marathi speakers will have to be regarded as linguistic minority. This will clearly contrary to the concept of linguistic states. If therefore, the state has to be regarded as the unit for determining “linguistic minority”. This will clearly be contrary to the concept of linguistic states. Articles 29 and 30 are a group of articles relating to cultural and educational rights. Article 29(1) gives the right to any section of citizens residing in India or any part thereof, and having a distinct language, script or culture of its own, to conserve the same. Article 29(1) does not refer to any religion, even though the marginal interest of the Article mentions about minorities. Article 29 (1) essentially refers to sections of citizens who have a distinct language, script or culture, even though their religion may not be the same. The widespread notion that runs through Article 29(1) is language, script or culture and not religion. For example, if in any part of the country, there is a section of society that has a distinct language, they are entitled to conserve the same, even though the persons having that language may profess different religions. Article 29(1) gives the right to all sections of citizens, whether they are in a minority or majority religion, to conserve their language, script or culture. In the exercise of this right to conserve the language, script or culture, that section of the society can setup educational institutions. The right to establish and maintain educational institutions of its choice is necessarily related to the right conferred by Article 30. The right under Article 30 is not absolute. Article 29(2) provides that, where any educational institution is maintained by the state or receives aid out of state funds, no citizen shall be denied admission on the grounds of religion, race, caste, language or any of them. The use of the expression “any educational institution” in Article 29(2) would refer to any educational institution established and administered by anyone, but which is maintained by the state or receives aid from funds of the state. In other words in an ordinary sense, state maintained or aided educational institutions, whether established by the government or the majority or a minority community cannot deny admission to a citizen on the grounds only of religion, race, caste or language. The right of minorities to establish and administer educational institutions is provided by Article 30(1). To some extent, Article 26(1) (a) and Article 30(1) overlap, insofar as they relate to the administer of educational institutions; but whereas Article 26 gives right to both the majority as well as minority institutions to establish and administer educational institutions.

 

“The majority opinion spread over 30 printed pages, and minority opinion spread over 60 printed pages, both though illuminating and instructive, have none the less not summed up or pointedly answered the questions”. So came the P.A. Inamdar and others to appreciate and cull out the ratio decidendi of the two opinions and to examine if the clarification given in Islamic academy runs counter to Pai foundation

This case clearly pointed out that “the state can insist on private educational institutions which received no aid from the state to implement the state’s policy on reservation for granting admission on lesser percentage of marks i.e., on any criterion except merit (Para 1) and allowed freedom to unaided institution to devise their own fee structure subject to state regulations and thus the unaided educational institutions are blessed with unautocratic benefits; and there is no whisper of the connotation of the spirit of the Directive Principles of State Policy in relation to the state’s role to education its citizensThe decision of the Hon’ble Supreme Court in this decision has created ripples in the Educational sector. It has been held by the Hon’ble Supreme Court that Professional colleges would now enjoy full autonomy in admitting students. It has also been stated that in the absence of a State or a Central legislation regarding admissions and fee in professional colleges, the Legislative Committee which regulates admission, procedure, fee structure, etc. shall continue to exist. This case over ruled the decision of the 2003 T.M.A. Pai foundation case. The Inamdar case judgment of 2005 was a logical continuation of the TMA Pai Foundation case on the issue of admissions and administration in minority educational institutions. Interestingly, the Constitution makes special provisions for the minorities under Article 30, to establish and administer their educational institutions. In the Inamdar judgment, the Supreme Court extends the protection awarded to minority institutions to non-minority institutions as well. This is a significant departure in jurisprudence whereby unaided minority institutions have been equated with unaided non-minority institutions. The judgment extends the rights available under Article 19(1) (g) to “practice any profession or to carry on any occupation, trade or business”, to non-minority institutions. In the judgment, under the sub-heading Backdrop, education was described as an occupation. Education used to be charity or philanthropy in good old times. Gradually it became an ‘occupation’. Some of the judicial dicta go on to hold it as an ‘industry’. Whether to receive education is a fundamental right or not has been debated for quite some time. But it is settled that establishing and administering of an educational institution for imparting knowledge to the students is an occupation protected by Article 19(1) (g) and additionally by Article 26(a), if there is no element of profit generation. As of now, imparting education has come to be a means of livelihood for some professionals and a mission in life for some altruists”. The judgment also mentions that the State cannot ‘appropriate’ seats to provide them to reserved categories that are given admission with lower marks. “So far as appropriation of quota by the State and enforcement of its reservation policy is concerned, we do not see much difference between non-minority and minority unaided educational institutions. We find great force in the submission made on behalf of the petitioners that the States have no power to insist on seat sharing in the unaided private professional educational institutions by fixing a quota of seats between the management and the State. The State cannot insist on private educational institutions, which receive no aid from the State, to implement State policy on reservation for granting admission on lesser percentage of marks, i.e. on any criterion except merit”.

Minority as understood from constitutional scheme signifies an identifiable group of people or community who were seen as deserving protection from likely deprivation of their religious, cultural and educational rights by other communities who happen to be in majority and likely to gain political power in a democratic form of Government based on election”. The above definition does not include Disabled and Weaker Section also does not include disabled. The problem is that, even though SC & HC orders and / judgments many a times do not go in favor of disabled because it has no strong base for interpretation in the Constitution of India as the SCs & STs have. As far as the implementation part is concern it is a common problem for every law and its provisions. For Minority, According to this case, “Minority as understood from constitutional scheme signifies an identifiable group of people or community who were seen as deserving protection from likely deprivation of their religious, cultural and educational rights by other communities who happen to be in majority and likely to gain political power in a democratic form of Government based on election”. The above definition does not include Disabled and Weaker Section also does not include disabled. The problem is that, even though SC & HC orders and judgments many a times do not go in favor of disabled because it has no strong base for interpretation in the Constitution of India as the SCs & STs have. As far as the implementation part is in concern it is a common problem for each and every law and its provision and the situation that leads to the formation of such laws by the respected courts irrespective of its hierarchy.

The eleven judge bench in 2002 Pai’s case produced an Eastman colour spectrum in which 50% of the issues framed were left for regular bench for consideration and opened the floodgates of litigation. Then came the Islamic academy (2003) with 4 issues to clarify the stand of Pai’s case, the Supreme Court is pleased to deal with the legal nuance between ‘special right’ and ‘certain additional protection’ under Article 30(1) for minority institutions.  While analyzing the concept of right to education to poorer sections of the society, the historical T.M.A. Pai foundation case confused the concept, the Islamic academy case made it complex and finally Inamdar’s case has compounded the situation. This case has once again opened the lid of Pandora’s Box inviting a repulsive fur ore in our political, social and legal system. This case is a thing of interest, it being a thing of bitter controversy. It reminds us of a quote of Justice V.R. Krishna Iyer, an adjudicator of commoner-

All the trendy minority decision inevitably generate some basic questions

 

1. Whether the judiciary is obliged to read law in sacred isolation or intertwine legal philosophy with real of life?
2. Whether the concept of social justice is an abstract idealism or a pragmatic constitutional mandate?
3. Whether the DPSP (PART IV) coupled with preambulory promise of “we, the people” permit the revisiting of laissez faire in the field of education at the cost of poorer sections of the society?
4. Whether the judiciary which acknowledged the limitations of Article 37 by reading the DPSP into fundamental rights jurisprudence, is justified in giving primacy to “LIBERALISATION, PRIVATIZATION, GLOBALISATION” doctrine and to support commercialization of education on par with corporate enterprise?
5. If the state withdraws its role in providing higher education to its citizens, what will be its impact on the interests of the disadvantaged sections of the society entitled to constitutional protection?
6. Whether the recent trends indicated through T.M.A.PAI’S case and the other cases which followed it tantamount to judicial progressive thought?
7. Whether the impact of Inamdar’s case strikes at very root of legislative powers of the state in enacting a law for the cause of socially and educationally backward classes and minorities?

It appears that the judicial philosophy with regard to the reservations has become unpredictable and uncertain when it is related to the concept of social justice. Part IV   of the constitution dealing with the Directive Principles of State Policy is not an ideological perception but a pragmatic public command. A right carved out of philosophy of this Part IV is no inferior to the rights in Part III of our constitution, and both these eyes shall look at the perambulatory propositions.

 

Our apex court on many earlier occasions has justified that the constitutional connotation in providing specific provisions relating to reservations is in conformity with requirement of social justice and economic democracy as warranted in the preamble of the Indian constitution. In no case right from Chempakam durai rajan to Unni Krishnan and several other cases the Supreme Court never felt that providing reservations for socially, economically and educationally disadvantaged classes is outmoded or authentic to constitution. The field of education has been jealously guarded by the courts in order to accommodate the interests of the under privileged classes.  Rasco Pound says that justice is the totality of values as to human relations initiatively recognized through collective experience. Justice is a multidimensional and everlasting concept of reality and virtue. It is heartening to note Lord Denning’s enduring observation that

The Holy Bible

vyshnavi neelakantapillai, student, 7th semester, National University of Advanced Legal Studies.

Source: ArticlesBase.com

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