Friday, January 29, 2010

emerging trends..!

Emerging trends in education sector in 21st century in the second decade
- Education in human recourses development special needs:
Education means drawing knowledge of experiences of people lived before. It is not some thing very abstract. In Education nothing is abstract but just real facts how people visualized at that particular time.

One could have learned about James Watson of 150 years back. He is the founder of Indian Income Tax Act of 1860. He was just a hat maker of Scotland, as father wanted him to get into real business instead of hypothetical education of that time. Real business will teach you real learning. So he accepted his father?s advice and he really did real learning. That helped him really carve out Indian stabilized income tax system in a matter of 9 months he was in India, and he died of dysentery in 1859 creating a frame work for Indian Income tax system.

Yes he was in Britain in Revenue ministry otherwise known as finance ministry. He presented first Indian Budget in 1859. Yes he was working with Trevelyan, a former governor of Madras, as he believed ?No Taxation without Representation? concept of Americans. His tomb can be found in Calcutta (modern Kolkata of West Bengal).

Hall mark of education is Experience. So we fall back on history of events that is the basic of experience.

Education draws back on the already obtained information that is experiential learning.
That is the foundation of all learning in education. Without that you have no education as such at all. Be it science or technology or for that matter any education.

This student as also the teacher has to appreciate every where in all schools or colleges or universities, anywhere in the world. No country can be run without historical determination, so called by Late Dr. S Radhakrishnan, our Ex Second President of India. Education is the key to development if it is true application of mind, not just academic of abstract discussions like philosophy, even in philosophy we relate experiences of the past and then discuss.
This is the developmental mechanism of human resources any where in the world. This aspect has to be understood by teachers while teaching students in every school. Schools are primary disciplining rooms for pupils. After about 10+2+3 of this discipline they move to +2(say Pg courses)







Human Approach to get best of the skills in human resource by high element of motivation;

Learning history of peoples is indeed a difficult task, unless one is motivated. In schools teachers hold recitation competitions among pupils just to motivate them to memorize the texts so that the information becomes stored in the pupils. After several years that material becomes a second nature in them to recall the recited passages. This is by several years of practice tips.

Similarly different subjects are committed to memory over years of practice. This takes about 15 years are so up to an undergraduate level, similarly it takes 10 full years of school education for the pupil. So they suggested a group behaviorist technique for pupils. If so many pupils repeat naturally motivates the pupils to recite without faltering in the basic knowledge building without application of that knowledge.

But once the pupils go o graduation programs they are told to apply over period of +2+2 in general education and in technical and in medical education +4+2. This application is motivated by application skills built in the pupils/students. This is real development of individuals to properly apply skills in the relevant fields, so that the knowledge built in helps the student to guide and help other in real life situations.

Enhance humility in every manager to be to realize alone he will not be able to do anything;

Humility only helps one to learn. Without humility you will learn nothing. So teachers also are humble in their behavior and that percolates in the students due to several years of practice. Thus human is built in man. This will mean Humility + Man=Human. So man with humility is different from animalistic world. Animalistic means Animal-(highly animated/aggressive) to become animalistic in behavior (full of aggressive behavior without reasoning and logic) Humility already devoid of aggressive behavior in man. This quality only helps the human being to behave in a most decent manner with other persons to elicit again humility in the other. This leads to peaceful and logical and meaningful living. This cult has to be developed in every manager to be, by proper education which Gurukuls did in the past by calling a person as proper Adult meaning one can adulate the person meaning thereby that person is loveable and every one would like to learn the art of living. Manager should ensure that every one working with him loves him for his humanistic qualities. This has to be developed in every one by teachers.

- Synchronize the resource of many human resources get motivated in a given setting;
- the human Acclimatize resource at least to three or four settings of different humans ;
- Money should not be driving force in the resource but passion for Excellence in the allocated functions with fixation of mind the new resource penetrating to realize it is to work with another man and certainly not machine or robots;
- Accentuate the self actualization in every interacting human resource;
- Synchronize the needs with human resource already existing;
- Education sector task to work for appropriate motivation- an engine to perfect the resource to meet the challenges posed by consumers;
- Sequence the power of man to meet challenges to minimize conflicts among resources and develop respect between man and man in real work environment by class rooms group psychology;
- All raging should become minimum or negligible to build confidence in group;
- Sequence over periods of time in class as also in work environs;
- Sequence in such a way to optimize production of factors but should be congenial to customer lest he is lost in the melee;
- Develop humility in every foreman/manager to be lively to work with;
- Minimize conflict zones between human resources to automatically mesh with leading to passion for excellence in the tasks assigned, as knowledge alone cannot help;
- Create the importance in the resource to highly appreciate division of work as every work is the spoke in the wheel;
- Teachers/faculties face these challenges every where in education sector;
- If teachers fail economies will suffer, so that build the importance ethical behavior ? never try to fool others as the price is very high.
The above are some components of 21st century.

Tuesday, January 12, 2010

ET AWARDS!

WHAT NEWDECADE FROM 2010 NEEDS & PROMISSES?
400 CEOs IN ?ET? AWARDS FESTIVAL 2008-09 LEARNT!
DR. G.BALAKRISHNAN, PhD

A gala awards function of Economic times in Hotel Trident at Mumbai. A Global CEO Consultant Ram Charan landed at Trident from New York. Said, ?create a 12 month agenda (while you may change the sequence but select the items that you want to spend more time on!); - Boards have a lot of power point presentations that throw a ?lot of data? at Directors(of companies). Instead have a 5 minute presentation on main points to be discussed and what is the bad news. Boards need to spend a lot of time on ?dialogue? because that will benefit the company most. Board members need to be individually evaluated. There are 3 questions to be asked to every member of the board ? what are the ?three things? in your mind that the board had done well? What are the ?three things? in your mind that the board should do next year, to be more effective? What is the output you aspire for??

He said while selecting a CEO, the board should ?look at the person whether he has continually increased his or her sphere of work and the band width? Can he handle complexity; can he sort out, sift out, and select properly what the key issues are, because at CEO level that is what is really important. Secondly, he has to be a ?profit & loss? manger. He should know how to make money i.e. able to convert every opportunity to money. Thirdly, ?can he build external and internal relationships?; and fourthly, ?Can he select right people (for right jobs)?.

Ramakrishnan of Bajaj Electricals wanted ?recipe? for a CEO?s failure, he said, ?Each individual has his god?s gift ? uniqueness- and the biggest failure happens at the time of CEO selections (rests with Board), since a CEO to a job is a ?critical input ? and in most failures that is the ?Key Reason?.
On Role of Promoter- CEO, mostly in FAMILY-LED-ENTERPRISES if he wants to scale up from middle to large scale, Charan said, ?to use his teams as ?multipliers? as he has only 24 hours at his disposal every day and that is what keep on multiplying the ?future of business???
Summing up his views, said, ?If you are a global company and you want use the Board effectively, Be Sure you have MORE members who can dissect the balance sheet. ?Adding further, ?Many Boards had run out of ?flexibility? and ?nobody? in Boards understands ?the entire systemic part of businesses?. For Global play, if a company wants to raise global capital , it needs global boards, global ?bench marks? and inclusion of board members understanding ?how the global financial system works? and on ? boards power? he said ? boards need to spend a lot of time on ?dialogue? because it will benefit the company the most?. Then he packed his bags to Vienna flight to catch up a Board meeting in Vienna. (Ends)

Friday, January 8, 2010



Why Knee Jerk Mr. Lawyer, at union Home Minister P. Chidambaram?s circular to all States to file all complaints at police stations should be made into FIRs, after all police officer is not an adjudicating officer!
After all Police officer is an Executive of State to implement law enforcement, as a public servant and not a Judge please!!
By G. Balakrishnan, PhD (Economics Legislations)
(Bombay High Court Mediator, a Counsel at Supreme Court of India)
Let us see Cr. P C 154,156, 157,173,190and IPC sections 182,211.
U/s.190 IPC- Cognizance of offences by Magistrates ? (2) Chief Judicial Magistrate empowers Magistrates of Second class to ?take cognizance under sub.sec(1)?Subject to provisions of Ch XIV, any Magistrate of First class, and any Second Class specially empowered in this behalf u/s/s(2) may take cognizance of any offence:
(a) Upon receiving a complaint which constitute such offence :
(b) Upon a police report on such ?facts?;
(c) Upon information received from any person other than police officer, or upon his own knowledge, that such offence has been committed.
(Union territory of Chandigarh Amendment ? 190A?Cognizance of offences by Executive Magistrate ?
?Cognizance of any specific offence ??vide Punjab Act 22 of 1983(w.e.f 27.6.1983)
Note 1: No of ?false cases? will in fact arise though some lawyers like Mr. Majeed Memon, or Human Rights Activists like Dr. Avisha Kulkarni may feel so? ( as reported in TOI dated 30.12.2009). In fact the provisions are already in place ??any body files ?false case? will get punished under same law. So Mr. P Chidambaram, an eminent Supreme Court lawyer himself is not wrong in issuing the circular to all State Governments to ensure all police stations should accept cognizable complaints as FIR, even if claimed so by a complainant, after all police man, before arresting a person will have to investigate himself and if he finds it is false he can go the magistrate to issue arrest warrant against such a person, on the basis of police report, yes may be a little more work to be performed by police but he cannot avoid by becoming an illegal adjudicator as to decide whether to admit a complaint as FIR or not? That is the job of Magistrate after all Magistrate courts are there in the most places.

So I do not find that kind of knee jerk is not needed at all, when the law is already in place there. One important thing is to be noted is policeman or the State concerned wants to avoid State police?s sacred duty to the citizens.
About 68.67 lakh persons were arrested in 2007. There are about 1.5 crores trials show there are wrong kinds or manipulated FIRs, and delays definitely would be likely on account of indecent kind of adjournments available for many lawyers for asking though law prohibits irrational and delay tactic based adjournments in most of Magistrates and Sessions Courts and some in High Courts for there are confusing kinds of Affidavits filed making the delivery system chocking. Now High courts are trying to use moderating technique of Mediators are being appointed so that fixed kind of commitments as overheads are avoided.
Adhit Shirodkar?s view Home Minister?s circular can?t be implemented without amending the law statute. Another view advanced is an FIR for every complaint would nullify between cognizable and non cognizable offences, after all, this Ld. advocate also should know police officer is not an adjudicator like a judge or if he is why there is a need of Magistrates at all. It is to be remembered the police officer is an executive of government just to implement laws, as a public servant. How a servant of citizens can become an adjudicator. It is an irony English is not properly understood perhaps! There is a difference between ?Master and Servant?.
Citizen is a Master and public servant is a servant of citizen. Legislators are just representatives of citizens functioning in a representative capacity. So Legislators though trying to keep themselves out of public servant definition but the person who draws their salaries and remuneration automatically become public servants is the principle of public servant.
Public prosecutor is not a public servant as he is not drawing his remuneration from tax payer directly, but the public servant is not able to really function without to help of public prosecutor, though he is expected to do the function. His inability is substituted by a mechanism of appointing an advocate as public prosecutor, after all no Advocate member of a Bar Council can become an employee but the Advocate is a power of Attorney holder by means of a ?Vakkalat Nama? of a public servant or state. If an Advocate chooses to become a servant naturally he should surrender his License called ?Sannad? to Bar Council.
In another case law S.D. Soni v/s. St. of Gujarat (1991) Cr. L J 330(SC), ?The Magistrate has no power to take cognizance of an offence on the basis of private complaint that resulted in submission of report u/s 173(Report of Police officer on completion of investigation). Consequent upon reference made under s. 156(3) ?any magistrate empowered u/s190 (cognizance of upon offences by Magistrate) when once he has accepted the police officer report has to close the proceedings).

This is when read it amounts to a fact that it is not mandatory on Magistrate to accept the police officer?s report as a basis for his judgment, it is clear that till Magistrate accepts, is the rider, the Police officer?s report, it is subject to variance by the magistrate.

S.182 ?IPC ? ?false information, with intent to cause a public servant to use his lawful powers to the injury of another person?shall be punished with imprisonment of either description for terms which may extend to 6 months or with fine which may extend to Rs.1000/- or both(substituted by Act 3 of 1895, Sec 1 for the Original section).

Sec.211-IPC ? ?false charge of offence made with intent to injure?if such, criminal procedure be instituted on a ?false charge? of an offense punishable with death (substituted Act 26 of 1955, sec 117 and Schedule for ?Transportation of life? w e f 1.1.1956) or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years and shall be liable to fine?.

Sec.154 ? CPC, information in cognizable offence (2) ?A copy of information as recorded under sec 1 shall be given, free of cost, to the informant (3). Any person aggrieved by refusal on the part of officer in charge of police station to record information referred to s/s(1) may send the substance of information in writing and by post, to the Superintendent of Police concerned who if failed that such information discloses the commission of offense shall either investigate the case himself, or direct an investigation to be made by any police officer subordinate to him, in the manner provided by the code and such officer shall have all powers of an officer in charge of police station in relation to the offense .(case law: Manoj v/s. St. of MP (1999(2) Crimes SCC 715: AIR 1999 SC 1403): 1999(3) Crimes329(SC) ? ?FIR requires to contain basic prosecution case?.


Another case law: ?two sheets of Station House diary torn off and another sheet is pasted. Case registered on the version given by accused to Police Sub-Inspector. ?Credence cannot be given to police version that case registered as F I R. (St. Of Kar v/s. K. Yerrappa Reddy, 1999(4) Crimes 171(SC).
Note: This difference is to be activated and Union Home Minister?s circular is already in conformity with existing sections. So there is no power with police officer to adjudicate, as adjudicator is only the Magistrate only. (Ends)