Delhi High Court seeks Central government response on plea by Ashwini Upadhyay seeking common curriculum for CBSE, ICSE, State boards

The Delhi High Court on Monday issued notice to the Central government on a public interest litigation (PIL) petition filed by BJP leader and lawyer Ashwini Upadhyay seeking a direction to implement common syllabus in mother tongue for Central Board of Secondary Education (CBSE), Council For The Indian School Certificate Examinations (CISCE) well as all the other education boards [Ashwini Upadhyay v Union of India and Ors]..A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla directed the Ministry of Education, Ministry of Law and Justice, Ministry of Social Justice, Delhi Government, CBSE and CISCE to file their responses within six weeks. The counter affidavits, the bench said, should reflect the policy that the respondents have adopted and propose to adopt in light of the 2011 judgement of Supreme Court. In August, 2011, the Supreme Court in State of Tamil Nadu and Ors v K Shyam Sunder and Ors had held that common syllabus and curriculum is required in light of the article 21A read with articles 14 and 15 of the constitution and to ensure that there is no discrimination.The Court will now hear the matter on August 30. .The petition argued that different syllabus and curriculum by CBSE, ISCE and State Board is arbitrary and contrary to Articles 14, 15, 16, 21, 21A and other provisions of the constitution therefore void and inoperative.Upadhyay said that the syllabus and curriculum is common for all entrance examinations like JEE, NEET, NDA, CLAT and others but the syllabus and curriculum of CBSE, ICSE and State Board is totally different.“Education Mafias are very powerful and have a very strong syndicate. They influence rules, regulations, policies & examinations. The questions asked in the competitive exams are not taught in government schools. So, parents are in double jeopardy. First, they ·have to pay massive fees to private schools… and then pay unbearable heavy fees to coaching centers too,” the petition read.The petition further said,“The bitter truth is that school mafias don't want One Nation-One Education Board, coaching mafias don't want One Nation-One Syllabus and Book Mafias don’t want NCERT books in all schools. That is why uniform education system up to 12th standard has not been implemented yet.”.It was argued that the present education system isn't only dividing the society among EWS, BPL, MIG and HIG Elite Class but also against 'socialism secularism fraternity unity and integrity of the nation'.“Moreover, it doesn't provide equal opportunity to all students as the syllabus-curriculum of CBSE, ICSE & State Board is totally different. Although harmonious-purposive construction of Articles 14, 15, 16, 21, 21A with Articles 38, 39, 46 confirms that education is the most important fundamental right & State cannot discriminate on the grounds of region, religion, race, caste, class or culture. Petitioner submits that '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, the petition said.