Delhi High Court Dismisses PIL Seeking Introduction Of Legal Studies As Separate Subject In Schools

The Delhi High Court on Monday dismissed a public interest litigation seeking introduction of legal studies compulsorily as an elective or optional subjects in all schools.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that the subject matter is purely in the domain of the government and that such direction cannot be issued by court.

The PIL filed through Advocate Meghverna Sharma also sought direction on the Union of India, Delhi Government, CBSE and other authorities to create adequate number of regular posts of Law Graduate Teachers on permanent basis to impart legal studies in every school.

The petitioners in their petition submitted that the inaction on the part of the authorities in not including the legal studies subject in schools’ curriculum violates fundamental rights to equal opportunity of education.

During the hearing, Delhi Government’s counsel Santosh Kumar Tripathi submitted that it is for the public authority to take a call in the matter.

Dismissing the petition, Justice Prasad questioned the petitioner’s counsel and remarked: “Is it not a matter of policy?… Where is the right to demand that this particular stream must be made part of the curriculum?”

Chief Justice Sharma also said: “Which part of the constitution says so? Suppose tomorrow some child comes to us and says make astrophysics as one subject... There are other important subjects also. This is purely a matter within the domain of the government. This is sheer misuse of forum...”

Appearing for the Union Government, ASG Chetan Sharma submitted that the government is taking appropriate steps and has started dissemination of legal literature in schools.

Hearing the same, the bench said: “The central government is already doing a good job…. The petition is dismissed.”

The petition contended that Law subject is also a main subjects for judicial and other examinations such as Union Public Service Commission and State Service Commission Examination and not including it in curriculum is denial of “equal opportunity of education and employment avenues.”

“The impugned inactions on the part of respondents in not introducing law education in all the schools and recruiting law graduate teachers is badly affecting the future of the students, interest of social system as the idioms Ignorance of law is no excuse is not by choice of citizen but compulsive and by force as legal education is denied in schools by the respondents and it is not included in their priority,” the plea said.

Title: Virander Kumar Sharma Punj & Anr v. GNCTD & Ors. 

Citation: 2023 LiveLaw (Del) 379