Plea In SC Seeks Establishment Of Central School In Every Tehsil

The plea filed by BJP leader Ashwini Kumar Upadhyay states that establishment of Central schools, i.e., KVs in every Tehsil will ensure uniform education having common syllabus and common curriculum to all students of I-VIII standards in spirit of Articles 14, 15, 16, 21A and Preamble of the Constitution.

Reliance was placed on Plessy v. Ferguson, 41 L Ed 256: 163 US 537 (1895), whereby it was observed,

"Uniform Education System would achieve the code of a common culture, removal of disparity and depletion of discriminatory values in human relations. It would enhance virtues and improve the quality of human life, elevate the thoughts, which advance the Constitutional philosophy of equal society. In future, it may prove to be a basic preparation for Uniform Civil Code as it may help in diminishing opportunities to those who foment fanatic fissiparous tendencies".

He submitted that the medium of instruction may be different but there must be no discrimination in the quality of education.

"Right of child aged 6-14 years should not be restricted only to free education, but must be extended to equal quality education without discrimination on the ground of child's social economic and cultural background thus a common syllabus and common curriculum is required for students of I-VIII standard," the plea read.

It has been argued that social-economic justice assured by Articles 39-46 of the Constitution will get practical content and equality of status would become meaningful and real if the government establishes one Central School in every Tehsil throughout the country.

"Justice is the genus, of which "Socio-Economic" Justice is one of its species. Socio-Economic Justice is essential for orderly growth and development of poor, weak, dalits, tribals and deprived sections of the society. To achieve real equality and elevate poor, weak, dalits, tribals and deprived sections of society; State must provide uniform education having common syllabus and common curriculum to all students," he said.

It was further submitted that non-availability of good quality schools at Tehsil headquarters led to migration to district headquarters or State Capitals, which drastically hampered the development and law and order there. The Petitioner pointed out that many countries had implemented uniform education system and it was high time that India followed the trend.

Presently, there are 5464 Tehsils in India. The Petitioner said that by providing a common syllabus and common curriculum, the government would ensure that children do not face education disadvantages when their parents are transferred from one location to another. Further, KV's low fee structure will help poor students in getting equal quality education with exposure to competitive world.

The Petitioner had earlier approached the Delhi High Court which dismissed the petition. Before the Supreme Court, he contended that the high court failed to appreciate the observation in Rohit Singal v. Jawahar Navoday Vidyalay, (2003) 1 SCC 687, whereby the Supreme Court expressed its concern regarding education for children as thus:

"Children are not only the future citizens but also the future of earth. Elders in general, and parents and teachers in particular, owe a responsibility for taking care of the well being and welfare of children. The world shall be a better or worse place to live according to how we treat children today. Education is an investment need by the nation in its children for harvesting a future crop of responsible adults, productive of well-function society. However, children are vulnerable. They need to be valued, nurtured, caressed and protected".

The petition was drawn by Advocate Ashwani Kr. Dubey.

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