Delhi High Court Seeks Centre's Response In Plea For "Uniform Syllabus" In CBSE, ICSE & All State Board Schools

The Delhi High Court has issued notice on a plea filed by BJP leader and Advocate Ashwini Kumar Upadhyay, seeking uniformity in the syllabus and curriculum perused by school going students, across all boards including CBSE, ICSE and State Boards.

A Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla has directed the Central government to file its response in the matter within 6 weeks.

Union Ministry of Education, Ministry of Law, Ministry of Social Justice, CBSE, ICSE and Delhi Secretariat are Respondents in the matter.

The plea highlights that whereas the syllabus & curriculum is common for all entrance examinations viz. JEE, BITSAT, NEET, MAT, NET, NDA, CU-CET, CLAT, AILET, SET, KVPY, NEST, PO, SCRA, NIFT, AIEED, NATA, CEPT etc. However, the syllabus and curriculum of CBSE, ICSE and State Board is totally different. Thus, students don't get equal opportunity in spirit of Articles 14-16 of the Constitution.

The plea alleges that there is an "Education Mafia" which does not want a uniform education system, in order to push the coaching system and in turn gain monetary benefits.

It adds,

"'Right to Education' implies 'Right to Equal Education' and it is the most important fundamental right as other rights are meaningless without implementing it effectively. Common syllabus and common curriculum in mother language will not only achieve the code of a common culture, removal of disparity and depletion of discriminatory values in human relations but also enhance virtues and improve quality of life, elevate thoughts, which advance constitutional goal of equal society."

During the hearing, the Petitioner relied on State of Tamil Nadu & Ors. v. K Shyam Sunder & Ors., where the Supreme Court had observed that right to education under Article 21-A of the Constitution has to be read in conformity with Articles 14 and 15 of the Constitution and there must be no discrimination in quality of education.

"Thus, a common syllabus and a common curriculum is required. The right of a child should not be restricted only to free and compulsory education, but should be extended to have quality education without any discrimination on the ground of their economic, social and cultural background," it had said.

ASG Chetan Sharma appearing for the Respondents on advance notice sought time to seek instructions in the matter. It will be heard on August 30.

Case Title: Ashwini Kumar Upadhyay v. Union of India