An application under article 32 of the constitution of India .
Hon’ble chief justice of India / companion judges of apex court
Supreme court of India , New Delhi , India
Petitioner-Yogi M. P. Singh (Mahesh Pratap Singh )
Mohalla-Surekapuram , Jabalpur Road
District-Mirzapur , Uttar Pradesh ,India
Respondents-1-Chancellor of state universities through its principal secretary
Government of Uttar Pradesh , Lucknow (U.P.)
2-Chief secretary , Government of Uttar Pradesh
, Lucknow (U.P.)
3-Vice chancellor of Lucknow University
, Lucknow (U.P.)
Prayer-Government of Utter Pradesh made the B. Ed. Two years degree course and fee charged for the first year is above Rs.51000.00 per student which is sheer arbitrary and unconstitutional. Please curb the violation of fundamental rights of citizens by Government of Uttar Pradesh.
With due respect your applicant wants to draw the kind attention of the Hon’ble Sir to the following submissions as follows.
1-It is submitted before the Hon’ble Sir that students have to take admission in various 1023 degree colleges in the state of Uttar Pradesh in which most of institutions are self financed and those aided or Government institutions seats are decreased sharply so that only few/nominal students will get admission in such institutions. Near about 50000 students will get admission in self financed institutions from whom Government of Uttar Pradesh will earn above Rs.2500000000.00 . Whether right to Education is the fundamental right.
2-It is submitted before the Hon’ble Sir that even in practical subjects like Physics , Chemistry and others at under graduate level or post graduate level no such huge amount of fee is charged. Initially Government was imparting B. Ed. Degree like B. Sc. And M. Sc. But now conspiracy is being hatched with the poor students to deprive them from bachelor of education degree so that they may not be eligible for teaching job. This is the root causes that money minting institutions are mushrooming in the state of Uttar Pradesh and have all kind of support of corrupt public functionaries in state. Most of the public functionaries are also lured to this lucrative business . Several legislators, former legislators , ministers and former ministers have three or more than three such institutions. In such institutions meagre amount of emoluments of salary is paid to staff and larger sum of earning is gone into the pocket of management . Here all the family members are the members and occupy key post in the committee of management.
3-It is submitted before the Hon’ble Sir that Right to life is feasible only when government ensures right to livelihood but how it would be possible if after getting higher education but unable to get B. Ed. Degree which is compulsory for teaching job even private institutions. Whether our government is not pressurizing to member poor and downtrodden section to die of hunger. Whether the policy of state government is friendly to members of poor and downtrodden section. How Government of Uttar Pradesh is providing social justice to weaker section and in this way social equity is ensured?
4-It is submitted before the Hon’ble Sir that on one side of screen our face is as
The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), is an Act of the Parliament of India enacted on 4 August 2009, which describes the modalities of the importance of free and compulsory education for children between 6 and 14 in India under Article 21A of the Indian Constitution.India became one of 135 countries to makeeducation a fundamental right of every child when the act came into force on 1 April 2010.
But on the other side of screen , our state government is exploiting our youths in the name of providing B. Ed. Degree.
5-It is submitted before the Hon’ble Sir that
Art. 14 guarantee a right of hearing to the person adversely affected by an administrative order. In Delhi Transport Corporation v. DTC Mazdoor Union, SC held that “the audi alteram partem rule, in essence, enforce the equality clause in Art 14 and it is applicable not only to quasi-judicial bodies but also to administrative order adversely affecting the party in question unless the rule has been excluded by the Act in question.” Similarly in Maneka Gandhi v. Union of India SC opined that Art 14 is an authority for the proposition that the principles of natural justice are an integral part of the guarantee of equality assured by Art. 14 an order depriving a person of his civil right passed without affording him an opportunity of being heard suffers from the vice of violation of natural justice.
Whether Government of Uttar Pradesh will reply that how is it feasible for low income family to pay above Rs.51000.00 as their ward fee per year and other expenses like boarding lodging and books extra ? Consequently not depriving poor and downtrodden section from getting B. Ed. Degree when made it compulsory even for private teaching job. Whether we will not die of hunger. The public spirited approach of Government functionaries is obvious from the fact that it decreased the seats of B. Ed. In Government institutions and Government aided institutions. Thus it not only deprived poor and downtrodden section but those students who were genius but have no such huge money to pay as fee. Whether this is justified act of state government.
6-It is submitted before the Hon’ble Sir that
Central Government Act
Article 51A in The Constitution Of India 1949
51A. Fundamental duties It shall be the duty of every citizen of India (a) to abide by the Constitution and respect its ideals and institutions, the national Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement PART V THE UNION CHAPTER I THE EXECUTIVE The President and Vice President
Hon’ble Sir how can we safeguard the public property if public functionaries themselves are destroying it under the pressure of private players? Here spirit of enquiry is demoralized by implicating in false cases instituted in various courts on the grounds of forged public records.
7-It is submitted before the Hon’ble Sir that
Central Government Act
Article 32 in The Constitution Of India 1949
32. Remedies for enforcement of rights conferred by this Part
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part
Here word “appropriate proceedings” impeding our rights to seek justice. According to apex court right to seek justice is fundamental right but we are unable to take benefit of this right because of word appropriate proceedings. Our apex only provides justice to riches who can afford costly lawyers.
Here appropriate proceedings have more important in comparison delivery of justice.
8-It is submitted before the Hon’ble Sir that
No Capitation Fees
Q. Can private schools charge capitation fees or “donations” at the time of admission?
No. The Act specifies that for all children in all types of schools:
“(1) No school or person shall, while admitting a child, collect any capitation fee….
(2) Any school or person, if in contravention of the provisions…. receive capitation fee, shall be punishable with FINE which may extend to TEN TIMES the capitation fee charged”
Individual states and union territories have also issued rules which specify the grievance redressal mechanism to lodge complaints. For more details,please click the location in the left sidebar.
Now students are paying more than 51 thousand rupees but this is being charged by state government so every one is silent. Whether this is genuine fee being charged from the poor students. Why every one has shut his mouth?
Hon’ble his Excellency is remained mute spectator of lowering dignity of colleges and universities.
This is humble request of your applicant to you Hon’ble Sir that It can never be justified to overlook the rights of citizenry by delivering services in arbitrary manner by floating all set up norms. This is sheer mismanagement which is encouraging wrongdoers to reap benefit of loopholes in system and depriving poor citizens from right to justice. Therefore it is need of hour to take concrete steps in order to curb grown anarchy in the system. For this your applicant shall ever pray you Hon’ble Sir.