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Judgment
The petitionerappellant has approached this Court against the order dated 03.05.2011, whereby the writ petition filed by him, has been dismissed.
The appellant had filed the writ petition challenging the cancellation of his candidature as a Trainee for Special BTC Course.�� The learned Single Judge, in the impugned order, has noted that there are criminal cases pending against the appellant and, considering that, it would not be proper to have a teacher to act as a role model for students.
In our opinion, there are two different aspects the first is education and the second is employment. The society and laws have moved away from the theory of retribution to reformation. Consequently, we find that a large number of persons, convicted for various offences including heinous offences under Section 302 IPC, are pursuing educational courses while in Jail. In these circumstances, in our opinion, a person charged with an offence cannot be denied the opportunity to get education including the Special BTC Course.
The second aspect is, whether such a person should be given employment either by the State or by any institution? That, to our mind, is a different issue, as the employment will be given only to those persons who, otherwise, are fit to teach the students, considering their character and other aspects which are vital at the time of selection. If the respondent State finds that, on account of his past antecedent and/or record, the appellant would not be a fit person to teach in a school, it is for the State to take an independent decision in terms of what we have stated above, if the appellant applies�� for the same. The learned Single Judge has also considered these aspects, however, he has dismissed the writ petition.
In the light of above, this appeal deserves to be allowed and is, accordingly, allowed. The order dated 03.05.2011 passed in Writ Petition No.6826 (M/S) of 2009 is set aside. The order of cancellation of selection of the appellant as Trainee for Special BTC Course is also quashed. The respondents are directed to permit the appellant to pursue the Special BTC Course.
(Appeal allowed)