Thursday, August 20, 2015

Worse Than Contempt Of Court

UP Government has terminated the services of the teacher who had filed PIL in Allahabad Court against pathetic position of primary education in the state of Uttar Pradesh and based on which the High Court issued order to UP government to ensure that wards of all public servants are admitted only in Government Schools within a timeframe of six months. This historic order of High Court  has brought the Government in a worrisome and awkward  situation where Compliance of court order is equally dangerous than non-compliance of the same.

Government has taken a suicidal step by terminating the teacher who had filed PIL against government. This step tantamount to not only contempt of court but absolute disregard of court.

It proves that the government is neither worried about poor quality of education nor about the moral duty of putting court order in action in true spirit.

I think this step will prove to be a last nail in the coffin  of UP government led by Samajwadi Party. I of strong view that parent of children of UP state who are real victim of pathetic position of primary or higher education in the state should revolt and teach a lesson to UP government . The may unite and come out with a mass rally or vote against the party in coming election.

If people of UP remains silent spectator of wrong step taken by UP government , there is no doubt that clever politicians ruling the state will opt for knocking the door of Supreme Court or pass a law nullifying court order. Already state of UP is victim of law and order problem and UP police has completely failed to protect the life of common men .

Political transfers, unabated killings of innocent by mafia, beating by police at behest of political masters  ,inaction on rising incidents of rapes have already made the public sufferer and looser  by giving SP power to rule. I am fully confident that voters will not commit blunder by re-electing SP to power in forthcoming election.


UP govt sacks whistleblower teacher-20th August 2015---The Hindu

The Uttar Pradesh government has terminated the job of Shiv Kumar Pathak, a trainee government teacher who had filed several Public Interest Litigation cases to highlight pathetic condition of primary education in the State. He had also filed cases with allegations of irregularities in the recruitment of primary teachers in courts.

In a PIL case where he was also one of the petitioner, the Allahabad High Court had on Tuesday, ordered that all government employees, public representatives and judges have to mandatorily send their children to government schools.
The court issued directives to the State Chief Secretary to ensure that its order is implemented putting the government in a "tricky situation" as government schools have become "the last refuge of only the poor", as Mr. Pathak put it.
 
Mr. Pathak told The Hindu on phone that he was sacked because he was "actively highlighting the pathetic state of affairs of primary education."
 
I think that the government is not happy with my activism highlighting the bad state of affairs of primary education in the State. The government order which informed me about my termination said I was not "fit" to be a teacher," said Mr. Pathak who was posted as a trainee teacher in Pandeypur in Sultanpur district of Uttar Pradesh.
 
But the trigger of his termination, said Mr. Pathak, was his PIL because of which the High Court ordered the government workers, elected political representatives and judges to send their children to government
 
The government order dated August 17, informing Mr. Pathak about his termination said “filing PILs” and “leave without permission” were the two reasons behind his termination. Mr. Pathak was appointed for the post of primary school teacher in Januray this year and was going through the training period.
 
Mr. Pathak rejected the government order saying that he had to take leave to attend the Court hearing for which he had sent a written application.
"I will approach the court if the State government doesn't do justice with me," he told The Hindu.
 
The Allahabad HC had in its order made strong remarks about the state of primary education in the State and ordered that all salaried employees of the government besides elected representatives and judges must send their children to government school.
 
The State Advocate General Vijay Bahadur told the media that the government is waiting for the High Court order and will take a decision on the issue only after reading the order and examining all aspects associated with it.

My Comment dated 19th August 2015 on Allahabad Court Order dated 17th August 2015


Allahabad High Court has given order to Uttar Pradesh Government to ensure that children of Government servants are admitted only in government run schools. Some people who want to take care of their children are treating this order of Apex court as encroachment in their fundamental right of choosing place of education as per their will and choice. Some legal experts consider the said order as judicial outreach.

Public servants think that career of their children will be spoiled if they are forced to send them in government run schools only. These clever, corrupt and immoral persons know very well that it is they who have looted these temples of education in the name of freedom , in the name of democracy, in the name of caste, in the name of minority or secularism and in the name of fundamental rights.

Half a century ago, there used to be government run schools, hospitals and airlines only and comparatively these institutions used to serve better then . Because options of private schools used to be negligible. People used to trust only government run schools, hospitals and all .Trust level of these institutions have faced severe erosion since 1991 when our own government started giving more value to private sector in the name of privatisation and to conceal their evil work. These people propagated a line of privatisation so that their evil work and loot of public money is not exposed . Otherwise Government run schools were not as bad as they are now.


Logically it is rightly suggested by a class of intelligent people that court should make effort first to reform the existing system . They say that court should first give order for improving the quality of these schools and then force their child to be admitted in such schools. Otherwise it is encroachment in their fundamental right.

But the question is who will come first. First egg will come or first Hen will come. It is true that wards of judges should also be admitted in government run schools. Here essence of the judgement is that if children of public servants as also that of politicians are admitted in such schools, they will honestly work for good quality education in these schools. On a broader spectrum , if these servants treat entire country as own family, entire system will improve .We find pathetic position all where , in all offices , in all schools and colleges wherever government has control , directly or indirectly , partially or fully. Because there is no patriotism anywhere .

People in government job or politicians who rule this country treat all these places as scope for earning wealth for their family. Heavy fund is spent on such Government schools on papers , but major chunk of it is lost in pilferage and taken away by public servants including politicians.

Appointment of teachers and supporting staff are done not on the basis of merit but on the basis of underhand dealings or value of recommendation the candidate is able to bring to ensure selection for the post. If a teacher is appointed, , merit is not seen in him , potential and capacity of teaching in the person is not assessed, , only thing in mind of selector team remains who has recommended for his appointment and what money he is ready to offer in lieu of job. Quality is not given any significance in any of government  offices.

This is why private schools, private hospitals , private airlines , private banks are getting recognition in the minds of all parents. And government t run places are meant and used for parking poor and weaker persons only.

As such when public servants are forced to send their child to government run schools, these public servants will definitely take all possible care to provide education better in government schools than that provided by private schools.

Further it is to be kept in mind that in our country , it is only judiciary outreach which helps in improving condition in any sphere of life. Politicians and public servants do not have time for giving value to their moral and religious duty towards citizen of India . They play caste or communal cards to win the election . They are least bothered of poor or quality of performance. And it is ironical that their such cards get success many times in election. .Even religion has failed to motivate these greedy people to serve mankind honestly . People fight in the name of religion, fight for saving religion, riot in the name of religious pundits or temples or masjids but do not follow preaching and principles of religion honestly and truely.

As such when court given a ruling , even if it appears that judiciary has surpassed its jurisdiction , it must be honoured , respected and given all weightage.

Why not we think , Why court has thought it better to go beyond their judicial area , why do they think it necessary to encroach in legislative and administrative powers . Do you think that judges who deliver such orders do not know the law and do not understand the spirit of these laws. They know what the Constitution say and they know the condition prevalent in outside world. It is good luck that at least court has taken cognizance of pathetic position of government run schools and suggested a small step which in the long run may help in improvement of these poorly run schools, hospitals, and other offices.

Those who are engaged in debate to decide whether the court order is good or bad, constitutional or unconstitutional, within power or outreach should think why there is continuous deterioration in quality of teachings in government run schools. Why educated youth do not want to accept the job of a teacher if he or she has other option available . Why there is a mad rush to become an engineer or a doctor or a management expert? Why a educated person prefer even a job of a peon or waiter in a hotel or a cleaner in an office than to become teacher? Why youth who do not get job elsewhere and who is constrained to go for teaching, he or she try to go for teaching in a private school?

Further , those who are engaged in debate over said court order ,do not think that cost of education in private schools right from kids schools to schools for higher studies has gone up to such a high extent that poor or even upper middle class cannot afford. It is hardly five percent of population who can afford costly education for their wards in reputed private schools. Why do they not talk of their fundamental right of education because admission in private schools is slowly and gradually going beyond their reach and affordability.

Million dollar question is after all why people do not want to send their children to government schools for education?

Why do they no like to get treatment of their sick kith and kin in government hospitals?
Why do they not like to fly by Indian airlines?
Why do they not like to have account and business in public bank?
Why do they not like to buy goods produced by Indian companies and prefer imported goods?
Why do Indian talent prefer working in USA , UK and abroad but not for Indian Companies? And so on..

I therefore not only justify the judicial order of Allahabad Court directing UP government to force public servants to send their children to Government schools only, I like to request courts to give order directing public servants to get treatment of them and their family embers only in Government run hospitals. Bills pertaining to treatment in private nursing homes or private hospitals should not be paid from Government fund. Rather public servants opting for treatment in private hospitals should be punished and penalised.

I like to request courts to direct all public servants, ministers and politicians to fly by Indian Airlines only and to buy goods produced by public sector undertakings in preference to multi-national companies.


Last but not the least , media men who are wasting time in conducting debates on their TV channels to decide whether the said court order in as per Constitution or not should stop such debates on focus on point whether the said court order is helpful and good for common men?

Media men should debate why political class who ruled this country for seven decades failed to protect the quality of public utility services like education, medical care , transportation , roads etc ? They should debate whether rulers of this country who ruled this country for seven long decades performed their duty as per wishes and ambitions of our great Constitution and great Constitution makers.

Media men should debate whether executive and legislative wing of the country is performing well and whether they are not encroaching fundamental rights of common men?

And lastly whether media men are made and meant for projecting only negative sides of all events, all acts , all individuals, all institutions and all rules, laws and policies.


You may read my full Blog by clicking on following link
http://www.thehindu.com/news/national/other-states/up-govt-sacks-whistleblower-teacher/article7561668.ece

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