Karnataka HC Asks CBSE To Decide On Students' Representation Seeking Rationalisation Of Class XII Syllabus For Economics & Entrepreneurship

Justice Krishna S Dixit while partly allowing the petition filed by the student said "CBSE to look into the grievance of the petitioner as ventilated in the subject representations and also in the body of the writ petition within a period of eight weeks and to inform him the result of such consideration as well."

It added "It is open to the respondent to solicit any information from the side of the petitioner as is necessary for due consideration of his grievance, subject to the rider that in the guise of such solicitation delay shall not be brooked."

The petitioner had challenged the circular of the board dated July 7, by which it was directed for reduction of the syllabus in all subjects for Class IX to XII.

Advocate Tarjani Desai appearing for the petitioner had argued that in light of the pandemic scare, the Government of India announced closure of all educational institutions and consequently majority of the schools, including the school of the Petitioner, shifted towards online mode of teaching, to prevent gap in the learning process.

The Ministry of Human Resource Development issued the Pragyata Guidelines for Digital Learning, dated 14.07.2020, restricting online classes to a maximum of 3 hours per day. In light of this drastic reduction in class hours by half, it was impossible to achieve the completion of initially designed syllabus and hence the board issued the impugned circular.

The petition states that although the board has proportionally reduced the syllabus in few subjects, there is gross disproportionality in reduction of syllabus in subjects of Economics and Entrepreneurship for Class XII. There is negligible reduction of 5 per cent syllabus in the aforestated subjects although class hours have been slashed by 50 per cent. 

It was claimed that such unmindful, disproportionate reduction in syllabus in Economics and Entrepreneurship makes the process unreasonable and arbitrary and hence violates the rights of the Petitioner guaranteed under Article 14 of the Constitution.

Further, it was argued that it induces fear, anxiety and stress among students, as it seeks to achieve completion of nearly the entire syllabus in less than half of the scheduled classroom hours. This is in gross violation of the basic human rights guaranteed to the children by the Right to Education Act, 2009 and also under Article 21 of the Constitution.

The Board appeared before the court and submitted it is pure academic matter over which the academic body like the CBSE having the accumulated wisdom and expertise, has taken a policy decision expressed through the said Circular and therefore, matter does not merit deeper examination at the hands of Writ Court.

The bench said "Court finds a lot of force in the contention of the answering respondents that in writ jurisdiction, the challenge of the kind cannot ordinarily be entertained; however, when a citizen makes a grievance by representation or petition, it is the bounden duty of the concerned to examine the same and grant redressal in accordance with law; this having not been done, petitioner is more than justified in knocking at the doors of this Court."

The court directed CBSE to submit a compliance report to the Registrar General of the Court. It warned that non-compliance and nonreporting of compliance is likely to be treated as contempt of court and the contemnor runs the risk of imposition of heavy penalties in addition to other coercive steps.

Cause Title: KRISH DESAI (MINOR), And CENTRAL BOARD OF SECONDARY EDUCATION

Case No: WRIT PETITION NO.9073 OF 2020 (

Order Date: 8TH DAY OF OCTOBER, 2020

Coram: Justice Krishna S Dixit.

Appearance: TARJANI DESAI, ADVOCATE for petitioner.

A RAJESH, CGC FOR R2;

M R SHAILENDRA, ADVOCATE FOR R1