Indus Valley Times

Dr Rajat Satapathy
INTRODUCTION
It is not wrong to say that education is the back bone of mankind. Without education the life of a human being becomes animal living. So every nation has to take care of its education system from the grass root level. India is a country where education system is more in pen and paper than in the practice. The following points are discussed below regarding the true image of the educational system in India and its remedy.
CONSTITUTIONAL PROVISIONS
The Constitution (86 amendment) Act, 2002 inserted Article 21-A in Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a fundamental right in such a manner as the state may, by, law determine.
Article 45 says that the State shall endeavour to provide early childhood care and education for children until they complete the age of six years.
Thus Article 45, 21 A and 51 A all seeks for education of children but at a different set of ages.
RELEATED JUDGEMENTS
In Mohini Jain V. State of Karnataka it was the court’s opinion that one is only able to obtain a dignified life in India through education, making education fundamental to the rights to life, and therefore an obligation of the State to fulfil.
The court also held that accessibility to education should be realized for all people, rich or poor. If the government decides to discharge its obligation through private educational institutions, it has created an agency-relationship through which it can fulfil its obligations under the constitution. This private institution is bound by the same requirements and can not charge higher tution fees than those established for “ government Seats”. The court found that a “capitation fee” makes education unaffordable and therefore not accessible to the poor. It also held that such a fee is arbitrary and violative of Article 14 (Equality Clause) because it bases admission on income, rather than merit. -1992 AIR 1858
In Unni Krishnan, J.P. & Others V. State of Andhra Pradesh & Others the court ruled that there is no fundamental right to education for a professional degree that flows from Article 21. It held, however, that the passage of 44 years since the enactment of the constitution had effectively converted the non-justiciable right to education of children under 14 into one enforceable under the law. After reaching the age of 14, their right to education is subject to the limit of economic capacity and development of the state. (as per Article 41) – (1993) AIR 217
In Society for un-aided private schools of Rajasthan V. Union of India & another. The Supreme court carved out an exception from the application of the RTE Act and held that section 12 (1) (C) of the Act requiring unaided minority schools to admit children from disadvantaged groups violated the minority character of those institutions and hence, the RTE Act could not be applied to private unaided minority schools. – (2012) 6 SCC 1
In National legal service authority V. Union of India Supreme court says that because transgender people were treated as socially and economically backward classes, they will be granted reservation in admissions to educational institutions and jobs. – WP (Civil) No. 604 of 2013
The list of judgments on the educational reformation in India is very long. But a more effective and dynamic judgment in this regard is still awaited which will bring a drastic change and evolution in the system.
RECENT DEVELOPMENT
In the past multiple commissions and comities have recommended many reforms but failed to bring changes substantially in the core regulations under the UGC Act. Prim minister’s Office appointed a committee at the Niti Aayog to recommend regarding progress in the area of higher education. This committee was successful in bringing a consensus among its members, which included officials of Niti Aayog, HRD Ministry, UGC and All India Council Of Technical Education (AICTE) and the committee submitted its to the prim minister’s office in August 2017. In the area of autonomy to Universities and Colleges. Niti Community recommendations are translated in to action by recent announcement by the Human Resource Development Ministry for the most for reaching reforms in higher education, as received approval by UGC but still await an assent from HRD Ministry. Let us see the result of this attempt in coming days. The Government will bring in new legislation to replace UGC Act, 1956 and UGC will be a more independent regulatory body. It will not be unreasonable also if autonomy would be extended to all universities and colleges over time by this reformation.
CRITICISM
So India has provision for free education from 6 to 14 years in governments schools for children. But we find no infrastructure, no teacher, no facilities in such schools at all. Only poor people opt for such schools. All big dignitaries, politicians etc do not send their children to Government Schools. One can not understand what is the value of such system.
The present educational system promotes in the minds of the students how to get a job of good salary. They have to join the race to run after jobs instead of becoming an entrepreneur for the development of the country. Because of this attitude the students are becoming slaves of few multinational companies after completion of their education.
Now-a-days the children have no analytical skills.They go through the syllabus mechanically and do not develop creativity to innovate any thing . Most of them follow the western pattern of lives more than their own. So they lack innovations.
Mere having academic qualification does not fulfill the need of the society or the personal life of the students. The development of personality is most important which is not found in the present generation students.
The most important is that they should have a critical view of history, culture, religion. They should not accept these as established by majority. From their own prospective they should make a critical analysis of them.
Politicians are creating vote banks from the students of colleges for their own purpose. But the students are not able to understand their politics and they jump into their net forgetting their originality. The education system is silent in this direction.
The teachers are not getting good salary. So they are not giving best of themselves to the students. Many teachers are not sufficiently trained to teach students also. They should be better trained and better paid to improve the present educational system in India.
Most of parents are opting for English Medium of education. It is not wrong of course. English is a global language. It is prospective. But because of English students are neglecting their own language. One can express himself in ones mother tongue better than in other languages which is forgotten by the present generation.
Just after completion of graduation students are not able to get jobs in the job market as they do not acquire necessary skills to do a job. Again they have to go through coaching or any short of personal preparations to get a job for themselves, so present education system fails to give them a job after completion of graduation.
The present system of educational system has failed to reduce social disparity in the society. The rich person’s child gets good education while a poor man’s child even not able to get basic education properly. The need of the hour is that the Government should intervene in this matter, so that no division will be found in the society.
The present system only giving importance of scoring marks rather than knowledge. They teaching of moral values to the students is most important as it takes the nation to a greater height, because the today’s children are the future citizens of the company.

CONCLUSION
I suggest that the Government should look after these problems to develop the present educational system in India and make all the private schools nationalized to make same fee structure for the students in all schools and same syllabus for all with same facilities to the students all over the country.
Because of reservation policy in India the general class is facing lot of problems in spite of their all efforts to reach their goal. Reservation Policy should end amending the constitution for a better India. The Government should take steps in this direction and our judiciary also should be more dynamic to bring proper change in the policy which creates discriminations in the country.
-The author is Principal, Pt. Motilal Nehru P.G. Law College, Sagar Road, Chhatarpur (M.P.)