A bench of justices B S Chauhan and F M Ibrahim Kalifulla said that life of democracy depends on a high standard of education which must be maintained at all costs.
"It is a well-accepted fact that democracy cannot be flawless but we can strive to minimise these flaws with proper education. Democracy depends for its very life on a high standard of general, vocational and professional education. Dissemination of learning with search for new knowledge with discipline all round must be maintained at all costs," the bench said.
"Education and particularly that of elementary/basic education has to be qualitative and for that the trained teachers are required. The Legislature in its wisdom after consultation with the expert body fixes the eligibility for a particular discipline taught in a school. Thus, the eligibility so fixed require very strict compliance and any appointment made in contravention thereof must be held to be void," the bench said.
The court passed the observation while adjudication a case pertaining to termination of job of a teacher who was not having requisite qualification.
"Provision of free and compulsory education of satisfactory quality to children from disadvantaged and weaker sections is, therefore, not merely the responsibility of schools run or supported by the appropriate governments, but also of schools which are not dependent on government funds," the court said.
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