Bombay High Court
Raver Taluka Urdu Education Society ... vs Mohammad Abdul Rauf Abdul Wahab And ... on 28 February, 2017
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.10938 OF 2015
1 Raver Taluka Urdu Education Society,
Hattishawali Masjid Compound,
Raver, Tq.Raver, District Jalgaon.
Through its Chairman.
2 Urdu Girls High School,
Hattishawali Masjid Compound,
Raver, Tq.Raver, District Jalgaon.
Through its Headmaster.
..PETITIONERS
-Versus-
1 Mohammad Abdul Rauf Abdul Wahab,
Age : 38 years, Occupation : Nil,
R/o Ghousiya Nagar,
Opp.Aftab Kirana Shop,
At Post Bhusawal,
Tq.Bhusawal, District Jalgaon.
2 The Education Officer (Secondary),
Zilla Parishad, Jalgaon,
Tq. and District Jalgaon.
..RESPONDENTS
.............
Shri Vivek J. Dhage, Advocate for the Petitioners.
Shri S.P.Brahme, Advocate for Respondent No.1/ original Appellant.
Shri S.P.Tiwari, AGP, for Respondent No.2.
............
CORAM : RAVINDRA V. GHUGE, J.
Reserved on : 20th February, 2017.
Pronounced on : 28th February, 2017.
Judgment :
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*2* wp.10938.15.sxw 1 Rule. Rule made returnable forthwith and heard finally by the consent of the parties. 2 This case gives rise to the importance of imparting Arts
Education in the school curriculum and perhaps the failure of the education system to equip the young students with knowledge and creative ability.
3 Never before in the history of mankind has there ever been a better time and opportunity to be a "creative". It is the creative individuals who are proving to be successful in this world today. If we take a look around ourselves, we would find tremendous avenues and opportunities available to those individuals who are trying to be creative and innovative.
4 It would be apposite to refer to the article published in "The Times of India" dated 22.09.2014 highlighting the importance of art for students, written by an Art Teacher, Kendriya Vidyalaya, Central University, Tezpur (name of author not available). The relevant portion of the said article reads as under:-
"The importance of art for students.::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 :::
*3* wp.10938.15.sxw Times of India | Sep 22, 2014.
(The Writer is Art Teacher, Kendriya Vidyalaya, Central University, Tezpur).
Every child is born with artistic sensibilities. It is only patronage from a tender age that helps a child emerge as an artist or have a mind that can appreciate beauty. Very often, it is said an artist is born not made. I do not endorse this totally. I believe that an artist emerges when a child is given the support at home to pursue his or her creativity, and then at school, and only then does society recognize his or her creative pursuits.
Artistic pursuit from a tender age instills creativity and develops the mind to appreciate and value nature.
In this day and age, art plays an important role in moulding the minds of children to develop a positive nature and appreciate natural beauty. A creatively inclined student has a positive bent of mind and aesthetic approaches in every work he or she does. Above all, such a student gradually develops a balanced, sensitive and artistic mind full of creativity and latent talent.
In this age of technology and concrete jungles, art is of paramount importance. We struggle to balance our lives in trying to keep pace with the frenetic pace of life. A student who grows up with an artistic sensibility sees at the world from a different perspective.
......
Society can only be complete when there is a balance between mechanical human resources and creatively inclined human resources. A healthy society not only requires a good number of technocrats, medical professionals and machines but also artists, writers and people from the performing arts to emerge as a complete, rich and a healthy society.
Our schools have to create an environment where creativity is generated. Art teachers in our schools need to ignite the passion to pursue the visual and performing arts through sustained motivation and regular encouragement where every individual ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 ::: *4* wp.10938.15.sxw has to be assessed individually. Artistic pursuits should not end up in a rat race. Instilling a love for artistic activities in schoolchildren would pave the way for creating creative adults.
Art can help people have creative ideas. Education in art has undergone a huge change in our system. The adoption of NCF 2005 has created a scope to make art education more diverse and dynamic, provided it is implemented in true spirit.
Schools must have vibrant fine arts studios and music rooms, where children have access to art materials, the world of music and scope to experiment. The emphasis, however, should be on nurturing creativity rather than becoming technical.
The visual medium has always been very vibrant and dynamic in itself. There is a lot of scope for innovation in the visual world and in the use of multimedia. Students with an inclination towards art can pursue careers in painting, art direction in movies, animation, advertising and visual publicity, mass communication and so on. Teachers have to use of 21st century skills in imparting education in visual and performing arts and make classes more lively and dynamic."
5 The Petitioner/ Management is aggrieved by the judgment dated 20.08.2015 delivered by the School Tribunal, Nashik in Appeal No.73/2012 by which the oral termination of Respondent No.1/ original Appellant dated 26.10.2012 has been set aside. By allowing the appeal, the Tribunal has granted reinstatement in service with continuity and full back wages to the Appellant, who is an Arts Teacher. The thrust of the Petitioner's case is that an Arts Teacher cannot be accommodated in the school as there is not a single post sanctioned for the said subject. ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 :::
*5* wp.10938.15.sxw 6 While issuing notice on 01.12.2015, I had passed an order
(paragraph Nos.5 to 8) which reads as under:-
"5. Shri Dhage, learned Advocate for the petitioners submits that though respondent no.1 was appointed as an Assistant Teacher and has worked for three years, there was no workload at all and there was no vacant post on which he was appointed. His proposal for approval sent by the management was rejected by the Education Officer.
6. The petitioner could make a statement on the next date as to whether, the respondent no.1 was paid his salary for the three years during which he was shown to be on duty.
7. In the light of the above, the impugned judgment and order dated 20.08.2015 shall stand stayed only on the condition that the petitioners shall deposit the entire backwages from the date of termination i.e. 25.10.2012 till the passing of this order, in the Court on/or before 11.12.2015.
8. If the said amount is not deposited, the ad-interim protection granted today shall stand vacated without further reference to this Court."
7 An amount of Rs.2,28,000/- was deposited in this Court by the Petitioner/ Management. An amount of Rs.1,14,000/- has been withdrawn by Respondent No.1/ Appellant under orders of this Court. 8 The grievance of the Petitioner is that the Appellant was not qualified and yet was appointed as a Shikshan Sevak on 11.08.2009 only because his father was a trustee. He was orally terminated on 25.10.2012 ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 ::: *6* wp.10938.15.sxw which is after three years and two months. He has been orally terminated only because the Education Officer has not granted approval and the proposal sent by the Management was rejected on 22.10.2012. 9 Shri Brahme, learned Advocate for Respondent No.1/ Appellant, submits that the Appellant has acquired the qualification of Bachelor of Hindi Sudhakar (equivalent to BA), Art Teacher Diploma (ATD) and Art Master Certificate (AM). These qualifications are sufficient in the light of Schedule B under Part-III of the MEPS Rules, 1981, to the extent of the appointment of an Art Teacher/ Drawing Teacher. 10 He further submits that the issue of qualification was never raised by the Petitioner/ Management before the School Tribunal. Similarly, the Education Officer has not rejected the proposal for approval filed by the Management on the ground of being under-qualified. The only ground for not granting approval is that there is no post of Arts Teacher available in the school, though not a single Art Teacher is appointed.
11 Considering the above, it is obvious that the Petitioner/ Management has not taken any stand while terminating the service of ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 ::: *7* wp.10938.15.sxw Respondent No.1/ Appellant. He was purely driven out by the Management and was orally informed that he stands terminated. Such oral termination, per se is non existent in the eyes of law. I find in hundreds of cases before various School Tribunals in this part of the State and which have travelled upto this Court, that private Managements have developed a habit of orally terminating the employees and then putting forth a host of reasons to justify the oral termination, only when such termination is challenged. Until it is challenged, no stand is expressed by the Management.
12 In fact, the oral termination would necessarily amount to an illegal termination since neither has the Management issued the termination order, nor has the Management posted reasons for terminating an employee. So also, even if an appointment of an employee may be illegal or irregular, it does not give the Management/ Employer a right to resort to illegal termination. In short, there can be no parity in illegality so as to hold that every illegal/irregular appointment by the Management can be met with an illegal termination. 13 There is no dispute that a Shikshan Sevak is to be appointed under the scheme introduced by the Government Resolution dated ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 ::: *8* wp.10938.15.sxw 13.10.2000. After completion of three years, unless there are adverse remarks or adverse assessment reports against such an employee, he is deemed to have become an Assistant Teacher in the Organization. In the instant case, the Appellant had worked as a Shikshan Sevak for three years and two months. The Management had forwarded his proposal for approval on 01.09.2012 only after the learned Division Bench of this Court, by order dated 02.08.2012 in Writ Petition No.11085/2010 filed by the Appellant had directed the Management to forward the proposal for approval. This indicates that the Management had no intention of absorbing the Appellant and hence, had not forwarded his proposal for three years. Even on the date of the order of the learned Division Bench, the Appellant had completed two years, eleven months and fifteen days in service. On the date the proposal for approval was forwarded on 01.09.2012, he had completed three years and 20 days. 14 Along with the proposal, the Petitioner/ Management had forwarded the following documents to support the appointment of the Appellant:-
(a) Proposal format.
(b) The order of this Court dated 02.08.2012.
(c) Appointment order.
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(d) Copy of advertisement.
(e) Resolution passed by the Management to appoint him.
(f) His joining report.
(g) Qualifying Certificate as Shikshan Sevak (page 1 to 6).
(h) Complaint dated 23.11.2009.
(i) Complaint dated 30.12.2009.
(j) Letter of the Education Officer dated 04.08.2010.
(k) Staffing Pattern for the years 2007-08 till 2011-12.
15 Considering the above, the Tribunal concluded that the oral
termination of the Appellant was illegal. There was no document to indicate any role played by his father. The advertisement dated 03.08.2009 was also on record and the Education Officer by communication dated 28.09.2008 had directed the Management of the School to fill up the post of an Arts Teacher. I do not find that these conclusions arrived at by the School Tribunal could be termed as being perverse or erroneous.
16 The Petitioner/ Management has placed before this Court a communication dated 04.12.2012 signed by the Chairman of the Education Society contending that the said document is the termination ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 ::: *10* wp.10938.15.sxw order of the Appellant. It appears from the said document that the reason for termination is the refusal of approval. Consequentially, the said document indicates that the Appellant was terminated with retrospective effect from 26.10.2012. In catena of judgments and to cite one, the learned Division Bench of this Court in the matter of Assaram Raibhah Dhage vs. Executive Engineer, Sub Divisional, Mula, 1988 (4) Bom. C.R. 158 : 1987 (2) CLR 231, has concluded that the termination with retrospective effect is unforeseen in law, is illegal and is unsustainable. Even if the said document dated 04.12.2012 is to be believed, it would indicate that the Petitioner has terminated the Appellant with retrospective effect and this would also be a good ground for granting reinstatement.
17 Even otherwise, the learned Full Bench of this Court in the matter of St.Ulai High School vs. Devendraprasad Jagannath Singh, 2007 (1) Mh.L.J. 597 (Full Bench) and also the Division Bench of this Court in several judgments, have concluded that even in the absence of approval or refusal of approval, except in cases of inadequate qualifications, no order of termination needs to be passed by the employer and such employees can be continued in employment from the funds of the Management. Even on this count, the oral or purported written ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 ::: *11* wp.10938.15.sxw termination is unsustainable.
18 The Management has raised a serious grievance that there is no post available for appointing an Arts Teacher. Neither has the Management challenged the qualifications of the Appellant before the Education Officer or before the Tribunal, nor did the Management take a stand before the Education Officer that no Arts Teacher can be appointed in the said school. The Education Officer, while rejecting the proposal for approval, has noted in his order dated 22.10.2012 that the post of Arts Teacher has not been sanctioned and hence, his appointment cannot be approved.
19 The last issue raised by the Petitioner and which has gained significance for the reasons assigned in this judgment is that not a single post of Arts Teacher is sanctioned for the school and hence, the Appellant cannot be absorbed or continued in employment. 20 In the course of the hearing of this matter, on 20.01.2017, I noticed a peculiar issue. I, therefore, passed the following order on 20.01.2017:-
"1 The submissions of the learned Advocates for all the litigating sides have been completed.::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 :::
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2 However, a peculiar issue, which is intricately
involved in this matter, has arisen. The circular issued by the Education Officer (Secondary), Zilla Parishad, Jalgaon dated 28.09.2008 provides that in every school which imparts education from 5th to 10th standards, an Arts Teacher shall be compulsorily appointed and a direction is issued to each such schools to move a proposal for seeking sanction of such post.
3 The affidavits in reply filed by the Education Officer in this matter dated 22.02.2016 and 12.04.2016 indicate that a separate approval for an Art Teacher, if not granted, will enable the school to utilize one of it's teacher from the sanctioned staffing pattern for the said post.
4 I find that the circular dated 28.09.2008 referred to above, is based on the following four documents:-
(a) Government Resolution dated 21.05.1979.
(b) Government Resolution dated 30.07.1980.
(c) Letter of the Director of Education dated 06.09.1985 bearing No.AMC/3085/13700/K.
(d) Letter of the Arts Director, Government of Maharashtra dated 21.04.2001.
5 The above four documents would have, in my view, a direct impact on the result of this Writ Petition. The learned AGP is, therefore, directed to produce the above four documents before the next date of hearing in this matter. The learned AGP shall also intimate the Court as to whether, any other order or resolution has been issued by the State Government nullifying the effect of the above direction with regard to the compulsory appointing of one Arts Teacher in every school for 5th to 10th standards.
6 The learned AGP shall comply with these directions on or before 03.02.2017. It be noted that a request for extension of time will not be entertained. 7 Stand over to 09.02.2017 for passing orders."
21 The documents set out in clauses (a) to (d) reproduced
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above, were placed before me. The learned Advocates for the respective sides have also applied their mind to the said documents and have canvassed their submissions.
22 By the Government Resolution dated 21.05.1979, the Department of Education, Employment and Youth Services, Mantralaya, Mumbai referred to the Government Resolution dated 20.11.1972 issued by the Deputy Director of Education, Greater Bombay and the letters dated 09.05.1971, 01.09.1978 and 24.03.1979 from the Director of Education, Maharashtra State, and concluded that the total number of Graduate Teachers admissible to a non Government secondary school for standards V to VII would be in accordance with the prescribed ratio of 25:75 (wrongly typed as 35:75) for Graduates/ Under Graduates in relation to the total workload of general teachers excluding the total workload of 'Special Teachers' in Drawing, Music, Craft and Physical Education. These special teachers in these four subjects would be entitled to the pay scale on par with Graduate Teachers on the basis of the qualifications in the special subjects.
23 By the decision of the Government dated 06.09.1985, the Director of Education noted that in several recognized schools, Arts ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 ::: *14* wp.10938.15.sxw Teachers were not being appointed. It was, therefore, concluded that from 1971 onwards, the teachers in the 'Arts Teacher Diploma Course' with improved syllabus, who are trained in Craft (Paper Craft), Cardboard Craft (Puttha Kam) and Embroidery, would be held eligible for teaching such subjects in the 5th to 7th standards.
24 It was by the Government Resolution dated 30.07.1980 issued by the Education Department, that the Government resolved that while calculating the number of graduate and under graduate teachers for standards V to VII in the ratio of 25:75, the total workload of special teachers in Craft, Music, Drawing and Physical Education for these standards, would be excluded. These special teachers shall be held eligible for pay scale on the basis of their qualification even if the number of graduate teachers for these standards exceeds the ratio prescribed for these standards (V to VII).
25 By placing reliance upon the letter of the Arts Director, State of Maharashtra dated 21.04.2002, the letter of the Director of Education dated 06.09.1985 and the Government Resolutions dated 21.05.1979 and 30.07.1980, the Education Officer of Zilla Parishad, Jalgaon has issued letters to various schools with the copies of the letter earmarked to the ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 ::: *15* wp.10938.15.sxw Deputy Director of Education, indicating that though a post of Arts Teacher is necessary in every school, several schools are not implementing the said policy. Henceforth if no teacher is appointed to impart education in the Arts subject, strict action would be taken against such school. It is then directed that all those institutions where no Arts teacher is appointed, the Management of such institutions shall immediately appoint Arts Teacher, who has acquired ATD qualification. If any teacher having D.Ed. or B.Ed. qualification is appointed in the place of an Arts Teacher, such appointments would not be granted approval. 26 Considering the above, it is evident that an Arts Teacher has to be compulsorily appointed in such schools where education is imparted from V to VII standards. The Government Resolutions and the letters issued which have been referred to herein above, indicate that the appointment of an Arts Teacher is not to be included in the ratio of 25:75 (graduate/ trained graduate teachers). It is equally obvious that the Education Department and the Directorate of Arts Education have fallen short of ensuring the scrupulous implementation of the above directions and the policies of the State. Had it been so done, by now all such schools where education is imparted from V to VII standards keeping in view that the Arts and Craft subjects are not optional, the Arts Teachers would have ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 ::: *16* wp.10938.15.sxw been appointed in each of such schools.
27 Considering the above and for the sake of making the Education Department aware of the necessity of Art Education, I deem it proper to refer to certain informative articles available for reading regarding the importance and significance of Art Education all over the world. The philosophy and purpose behind promoting arts education:-
(A) "Reasons Why Arts in Education is So Important for Kids- Ms. Lauren Martin.
(http://www.learningliftoff.com/10-reasons-arts-in- education-important-kids/#.WLP3xG53CvE). Here are the top 10 ways that the arts help kids learn and grow:
1. Creativity. This may seem like a no-brainer, but the arts allow kids to express themselves better than math or science. As the Washington Post says, In an arts program, your child will be asked to recite a monologue in 6 different ways, create a painting that represents a memory, or compose a new rhythm to enhance a piece of music. If children have practice thinking creatively, it will come naturally to them now and in their future career.
2. Improved Academic Performance. The arts don't just develop a child's creativity - the skills they learn because of them spill over into academic achievement. PBS says, A report by Americans for the Arts states that young people who participate regularly in the arts (three hours a day on three days each week through one full year) are four times more likely to be recognized for academic achievement, to participate in a math and science fair or to win an award for writing an essay or poem than children who do not participate.
3. Motor Skills. This applies mostly to younger ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 ::: *17* wp.10938.15.sxw kids who do art or play an instrument. Simple things like holding a paintbrush and scribbling with a crayon are an important element to developing a child's fine motor skills. According to the National Institutes of Health, developmental milestones around age three should include drawing a circle and beginning to use safety scissors. Around age four, children may be able to draw a square and begin cutting straight lines with scissors.
4. Confidence. While mastering a subject certainly builds a student's confidence, there is something special about participating in the arts.
Getting up on a stage and singing gives kids a chance to step outside their comfort zone. As they improve and see their own progress, their self-confidence will continue to grow.
5. Visual Learning. Especially for young kids, drawing, painting, and sculpting in art class help develop visual-spatial skills. Dr. Kerry Freedman, Head of Art and Design Education at Northern Illinois University says, Children need to know more about the world than just what they can learn through text and numbers. Art education teaches students how to interpret, criticize, and use visual information, and how to make choices based on it.
6. Decision Making. The arts strengthen problem solving and critical thinking skills. How do I express this feeling through my dance? How should I play this character? Learning how to make choices and decisions will certainly carry over into their education and other parts of life - as this is certainly a valuable skill in adulthood.
7. Perseverance. I know from personal experience that the arts can be challenging. When I was trying to learn and master the clarinet, there were many times when I became so frustrated that I wanted to quit. But I didn't. After practicing hard, I learned that hard work and perseverance pay off. This mindset will certainly matter as they grow - especially during their career where they will likely be asked to continually develop new skills and work through difficult projects.
8. Focus. As you persevere through painting or ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 ::: *18* wp.10938.15.sxw singing or learning a part in a play, focus is imperative. And certainly focus is vital for studying and learning in class as well as doing a job later in life.
9. Collaboration. Many of the arts such as band, choir, and theater require kids to work together. They must share responsibility and compromise to achieve their common goal. Kids learn that their contribution to the group is integral to its success - even if they don't have the solo or lead role.
10. Accountability. Just like collaboration, kids in the arts learn that they are accountable for their contributions to the group. If they drop the ball or mess up, they realize that it's important to take responsibility for what they did. Mistakes are a part of life, and learning to accept them, fix them, and move on will serve kids well as they grow older." (B) "The Importance of Art in Child Development.
By Grace Hwang Lynch.
(http://www.pbs.org/parents/education/music- arts/the-importance-of-art-in-child-development/) In recent years, school curricula in the United States have shifted heavily toward common core subjects of reading and math, but what about the arts? Although some may regard art education as a luxury, simple creative activities are some of the building blocks of child development. Learning to create and appreciate visual aesthetics may be more important than ever to the development of the next generation of children as they grow up.
Developmental Benefits of Art.
........
Language Development: For very young children, making art - or just talking about it -- provides opportunities to learn words for colors, shapes and actions. When toddlers are as young as a year old, parents can do simple activities such as crumpling up paper and calling it a "ball." By elementary school, students can use descriptive words to discuss their own creations or to talk about what feelings are elicited when they see different styles of artwork. ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 :::
*19* wp.10938.15.sxw Decision Making: According to a report by Americans for the Arts, art education strengthens problem-solving and critical-thinking skills. The experience of making decisions and choices in the course of creating art carries over into other parts of life. "If they are exploring and thinking and experimenting and trying new ideas, then creativity has a chance to blossom," says MaryAnn Kohl, an arts educator and author of numerous books about children's art education.
Visual Learning: Drawing, sculpting with clay and threading beads on a string all develop visual-spatial skills, which are more important than ever. Even toddlers know how to operate a smart phone or tablet, which means that even before they can read, kids are taking in visual information. This information consists of cues that we get from pictures or three-dimensional objects from digital media, books and television.
"Parents need to be aware that children learn a lot more from graphic sources now than in the past,"
says Dr. Kerry Freedman, Head of Art and Design Education at Northern Illinois University. "Children need to know more about the world than just what they can learn through text and numbers. Art education teaches students how to interpret, criticize, and use visual information, and how to make choices based on it." Knowledge about the visual arts, such as graphic symbolism, is especially important in helping kids become smart consumers and navigate a world filled with marketing logos.
Inventiveness: When kids are encouraged to express themselves and take risks in creating art, they develop a sense of innovation that will be important in their adult lives. "The kind of people society needs to make it move forward are thinking, inventive people who seek new ways and improvements, not people who can only follow directions," says Kohl. "Art is a way to encourage the process and the experience of thinking and making things better!"
Cultural Awareness: As we live in an increasingly diverse society, the images of different groups in the ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 ::: *20* wp.10938.15.sxw media may also present mixed messages. "If a child is playing with a toy that suggests a racist or sexist meaning, part of that meaning develops because of the aesthetics of the toy -- the color, shape, texture of the hair," says Freedman. Teaching children to recognize the choices an artist or designer makes in portraying a subject helps kids understand the concept that what they see may be someone's interpretation of reality.
Improved Academic Performance: Studies show that there is a correlation between art and other achievement. A report by Americans for the Arts states that young people who participate regularly in the arts (three hours a day on three days each week through one full year) are four times more likely to be recognized for academic achievement, to participate in a math and science fair or to win an award for writing an essay or poem than children who do not participate."
(C) "Why Arts Education Is Crucial, and Who's Doing It Best. Art and music are key to student development.
By Fran Smith.
(https://www.edutopia.org/arts-music-curriculum- child-development) The Connection Between Arts Education and Academic Achievement.
Yet against this backdrop, a new picture is emerging. Comprehensive, innovative arts initiatives are taking root in a growing number of school districts. Many of these models are based on new findings in brain research and cognitive development, and they embrace a variety of approaches: using the arts as a learning tool (for example, musical notes to teach fractions); incorporating arts into other core classes (writing and performing a play about, say, slavery); creating a school environment rich in arts and culture (Mozart in the hallways every day) and hands-on arts instruction. Although most of these initiatives are in the early stages, some are beginning ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 ::: *21* wp.10938.15.sxw to rack up impressive results. This trend may send a message to schools focused maniacally, and perhaps counter productively, on reading and math.
"If they're worried about their test scores and want a way to get them higher, they need to give kids more arts, not less," says Tom Horne, Arizona's state superintendent of public instruction. "There's lots of evidence that kids immersed in the arts do better on their academic tests."
Education policies almost universally recognize the value of arts. ......
In a 2003 report, "The Complete Curriculum:
Ensuring a Place for the Arts and Foreign Languages in American's Schools," a study group from the National Association of State Boards of Education noted that a substantial body of research highlights the benefits of arts in curriculum and called for stronger emphasis on the arts and foreign languages. As chairman of the Education Commission of the States from 2004 to 2006, Mike Huckabee, then governor of Arkansas, launched an initiative designed, according to commission literature, to ensure every child has the opportunity to learn about, enjoy, and participate directly in the arts.
.......
Reviving Arts Education In many districts, the arts have suffered so long that it will take years, and massive investment, to turn things around. New York City mayor Michael Bloomberg has made arts education a priority in his school reform plans, and the city has launched sweeping initiatives to connect more students with the city's vast cultural resources. Nearly every school now offers at least some arts instruction and cultural programming, yet in 2007-08, only 45 percent of elementary schools and 33 percent of middle schools provided education in all four required art forms, according to an analysis by the New York City Department of Education, and only 34 percent of high schools offered students the opportunity to exceed the minimum graduation requirement.::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 :::
*22* wp.10938.15.sxw Yet some districts have made great strides toward not only revitalizing the arts but also using them to reinvent schools. The work takes leadership, innovation, broad partnerships, and a dogged insistence that the arts are central to what we want students to learn.
In Dallas, for example, a coalition of arts advocates, philanthropists, educators, and business leaders have worked for years to get arts into all schools, and to get students out into the city's thriving arts community. Today, for the first time in thirty years, every elementary student in the Dallas Independent School District receives forty-five minutes a week of art and music instruction. In a February 2007 op-ed piece in the Dallas Morning News, Gigi Antoni, president and CEO of Big Thought, the nonprofit partnership working with the district, the Wallace Foundation, and more than sixty local arts and cultural institutions, explained the rationale behind what was then called the Dallas Arts Learning Initiative: "DALI was created on one unabashedly idealistic, yet meticulously researched, premise -- that students flourish when creativity drives learning."
......
In Arizona, Tom Horne, the state superintendent of public instruction, made it his goal to provide high-quality, comprehensive arts education to all K-12 students. Horne, a classically trained pianist and founder of the Phoenix Baroque Ensemble, hasn't yet achieved his objective, but he has made progress: He pushed through higher standards for arts education, appointed an arts specialist in the state Department of Education, and steered $4 million in federal funds under NCLB to support arts integration in schools throughout the state. Some have restored art and music after a decade without them.
"When you think about the purposes of education, there are three," Horne says. "We're preparing kids for jobs. We're preparing them to be citizens. And we're teaching them to be human beings who can enjoy the deeper forms of beauty. The third is ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 ::: *23* wp.10938.15.sxw as important as the other two.""
(D) "10 Reasons Why Integrating Art is Important in School.
Dr. Brooke Carroll.
(http://www.senecaacademy.org/10-reasons-why- integrating-art-is-important-in-school/) Here is what we've learned through experience about why the arts are so important:
1. Working in the arts helps learners to develop creative problem-solving skills.
2. Teaching through the arts can present difficult concepts visually, making them more easy to understand.
3. Art instruction helps children with the development of motor skills, language skills, social skills, decision- making, risk-taking, and inventiveness.
4. Visual arts teach learners about color, layout, perspective, and balance- all techniques that are necessary in presentations (visual, digital) of academic work.
5. Integrating art with other disciplines reaches students who might not otherwise be engaged in classwork.
6. Arts experiences boost critical thinking, teaching students to take the time to be more careful and thorough in how they observe the world.
7. The arts provide challenges for learners at all levels.
8. Art education connects students with their own culture as well as with the wider world.
9. An article on PBSParent published in June of 2012 stated: "Studies show that there is a correlation between art and other achievement. A report by Americans for the Arts states that young people who participate regularly in the arts (three hours a day on three days each week through one full year) are four times more likely to be recognized for academic achievement, to participate in a math and science fair or to win an award for writing an essay or poem than children who do not participate."
10. A study of Missouri public schools in 2010 found ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 ::: *24* wp.10938.15.sxw that greater arts education led to fewer disciplinary infractions and higher attendance, graduation rates and test scores."
(E) "TEN REASONS WHY ART EDUCATION IS SO
IMPORANT.
Elysian Studios.
(http://blog.elysianstudiosart.com/2010/11/10- reasons-why-art-education-is-so.html)
1. Making art involves critical thinking and problem solving.
2. Art empowers students to take risks and do something different.
3. In an age of instant gratification, art teaches commitment to learn a skill and complete a project.
4. The arts are an extension of other curricula. Math, Science and Language are all needed to create art.
5. Art equips students with a diverse set of skills needed to enter institutions of higher learning and the workplace.
6. Participation in the arts builds relationships between students and teachers and among peers.
7. Involvement in the arts improves self-esteem and builds confidence.
8. Art teaches students to be more tolerant and open through multicultural and historical perspectives.
9. Art develops a student's ability to critique their own work and that of others. It instills knowledge of how to make multiple revisions to create higher quality work.
10. Art helps a child develop emotionally and socially, and contributes to a positive work ethic and pride in a job well done."
28 In the above fact situation, the impugned direction of the School Tribunal cannot be faulted and cannot be termed as being perverse or erroneous, to the extent of quashing the order of termination of the Appellant and granting full back wages keeping in view the judgment of ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 ::: *25* wp.10938.15.sxw the Honourable Apex Court in the matter of Deepali Gundu Surwase vs. Kranti Junior Adhyapak Mahavidyalaya (D.Ed.), 2013 (11) Scale 268 :
2014 (II) Mh.L.J. 480 (SC).
29 Insofar as the reinstatement on the post held prior to his termination as is directed by the School Tribunal is concerned, it needs mention that the Appellant was deemed to have been absorbed as an Assistant Teacher. Therefore, his reinstatement would be deemed to be as an Assistant Teacher. Hence, he would be entitled to withdraw the remainder amount with accrued interest, from this Court. 30 Insofar as the approval issue is concerned, the Government Resolutions and the documents discussed above, would mandate the Education Officer to grant sanction to the post of Arts Teacher keeping in view that such an Arts Teacher is excluded from the prescribed ratio 25:75 and the total workload of such special teachers is excluded from the workload allocated to the graduate and undergraduate teachers.
Therefore, the Education Officer would be obliged to grant sanction to such post and consequentially, grant approval to the appointment of the Appellant. Hence, the Petitioner shall forward the proposal for seeking sanction to the post of Arts Teacher as well as forward the proposal of the ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 ::: *26* wp.10938.15.sxw Appellant for approval within four weeks from today and Respondent No.2/ Education Officer, who has issued the letter dated 28.09.2008 shall pass necessary orders in the light of the observations of this Court within four weeks thereafter.
31 Taking into account the overall pathetic situation with regard to the appointment of Art Teachers and significance of art education, I deem it proper to direct the Department of Education, State of Maharashtra to implement the Government Resolution dated 21.05.1979, the Government Resolution dated 30.07.1980, the letter of the Director of Education dated 06.09.1985, the letter of the Arts Director dated 06.09.1985 and the State Policy, to ensure appointment of an Art Teacher in every school imparting education from the V to VII standards. It needs to be ensured that such Art Teachers are engaged in such schools as expeditiously as possible and preferably till the time of the commencement of academic year 2017-2018.
32 The Registrar (Judicial) of this Court shall place a copy of this judgment before the Principal Secretary, Department of Education, State of Maharashtra, the Director of Education, State of Maharashtra and the Director, Arts Directorate, State of Maharashtra for perusal and necessary ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:51:33 ::: *27* wp.10938.15.sxw action with regard to implementation of the directions set out in the forgoing paragraph. These three authorities of the State shall report compliance of the directions to the Registrar (Judicial) on or before the 15th day of June, 2017.
33 This Writ Petition stands dismissed to the extent of the challenge posed by the Petitioner/ Management to the judgment of the School Tribunal dated 20.08.2015. Rule is discharged.
kps (RAVINDRA V. GHUGE, J.)
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