Case Note & Summary
The judgment concerns two connected writ petitions. The first petition (Writ Petition No.1959 of 2013) was filed by Sanjay Ananda Salve, an Assistant Teacher employed at Matoshri Savitribai Phule Madhyamik Vidyalaya, Nashik, run by the seventh respondent institution. The teacher, a Buddhist, sought enforcement of Rule 45 of the Secondary Schools Code, 1966, which requires daily reading of the Preamble to the Constitution in schools. The Education Officer had issued an order on 16th October 2010 directing the Head Master to strictly comply with Rule 45, but the school management failed to implement it. The second petition (Writ Petition No.8125 of 2013) was filed by the school management challenging the validity of that order. The court examined the facts: the teacher had been employed since 1996, and on 12th December 2007, the Head Master issued a communication to the teacher regarding prayer singing. The core legal issues were whether Rule 45 is mandatory and whether the Education Officer's order was valid. The court considered arguments from both sides. The petitioner-teacher argued that Rule 45 is mandatory and must be enforced, while the school management contended that the order was illegal and that the Preamble reading might violate religious freedom under Articles 25 and 28 of the Constitution. The court analyzed the provisions of Rule 45 and the Government Resolution dated 4th February 2013, which reinforced the requirement. The court held that Rule 45 is mandatory and that the Preamble reading is a secular activity aimed at inculcating constitutional values, not religious instruction. It does not violate Article 25 or 28. The court dismissed the school's petition and allowed the teacher's petition, directing strict compliance with Rule 45 and the display of the Preamble in the school.
Headnote
A) Education Law - Secondary Schools Code - Rule 45 - Mandatory Compliance - The Education Officer's order dated 16th October 2010 directing the school to strictly enforce Rule 45 of the Secondary Schools Code, 1966, which mandates daily reading of the Preamble to the Constitution, is valid and must be complied with. The court held that the Preamble reading is a secular activity and does not violate any fundamental rights under Articles 25 or 28 of the Constitution. (Paras 1-10) B) Constitutional Law - Preamble - Reading in Schools - Secular Character - The reading of the Preamble to the Constitution in schools is a secular activity aimed at inculcating constitutional values and does not amount to religious instruction. The court held that it is not violative of Article 28 of the Constitution which prohibits religious instruction in certain educational institutions. (Paras 5-8) C) Education Law - Government Resolution - Preamble Display - The Government Resolution dated 4th February 2013, which requires that the Preamble be read during prayers and displayed in every school, reinforces the mandatory nature of Rule 45. The court directed that the Preamble be displayed in a prominent place in the school. (Paras 9-10)
Issue of Consideration
Whether Rule 45 of the Secondary Schools Code, 1966, which requires daily reading of the Preamble to the Constitution in schools, is mandatory and enforceable, and whether the order dated 16th October 2010 issued by the Education Officer directing compliance is valid.
Final Decision
The court dismissed Writ Petition No.8125 of 2013 filed by the school management challenging the Education Officer's order. The court allowed Writ Petition No.1959 of 2013 filed by the teacher, directing the school to strictly comply with Rule 45 of the Secondary Schools Code, 1966, including daily reading of the Preamble and its display in a prominent place.
Law Points
- Rule 45 of Secondary Schools Code
- 1966 is mandatory and must be strictly enforced
- Preamble reading is a secular activity not violative of Article 25 or 28 of Constitution
- Government Resolution dated 4th February 2013 reinforces the requirement
- Education Officer has power to issue directions for compliance
