ASHWINI KUMAR UPADHYAY Vs. UNION OF INDIA
LAWS(SC)-2020-7-33
SUPREME COURT OF INDIA
Decided on July 17,2020

Ashwini Kumar Upadhyay Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.)Invoking the jurisdiction of this Court under Article 32 of the Constitution, the following reliefs have been sought by the petitioner who appears in person:
"a) ascertain the feasibility of constituting a National Education Council (on the lines of GST Council) or National Education Commission (as proposed by the NCRWC) to implement uniform education system having common syllabus and common curriculum for all the children aged 6-14 years in spirit of Article 21. A read with Articles 14, 15, 16, 38(2), 39(f), 46 and 51A of the Constitution of India;

b) ascertain the feasibility of introducing a standard textbook having chapters on fundamental rights, duties, directive principles and the golden goals set out in the Preamble, and make its study compulsory for all the children aged 6-14 years throughout the territory of India;

c) ascertain the feasibility of establishing "One Nation One Education Board" by merging Indian Certificate of Secondary Education Board into Central Board of Secondary Education or vice-versa;

d) take steps as the Court may deem fit to secure right to education in spirit of Articles 14, 15, 16, 21A, 38, 39, 46, 51A and allow the cost."

(2.)Mr Ashwini Kumar Upadhyay, who has appeared in person, submits that the reliefs which have been claimed are founded on the provisions of Article 21A of the Constitution and on the Right of Children to Free and Compulsory Education Act 2009. In his submission, the present educational system does not provide equal opportunity to students of all strata of society. He has relied on the decision of the US Supreme Court in Brown vs. Board of Education 98 L Ed 873: 347 US 483 (1953).
(3.)In the alternative, he has submitted that if this Court is not inclined to entertain the Writ Petition, the petition may be permitted to be treated as a representation and the Registry should be directed to forward the representation to the respondents for considering the suggestions which have been made.
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