ARUNA ROY Vs. UNION OF INDIA
SUPREME COURT OF INDIA
UNION OF INDIA
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(1.)In this public interest litigation filed under Article 32 of the Constitution of India, it has been mainly contended that the National Curriculum Framework for School Education (hereinafter referred to as the "NCFSE") published by National Council of Educational Research and Training (hereinafter referred to as "NCERT") is against the constitutional mandate, anti-secular, and without consultation with Central Adivisory Board of Education (hereinafter referred to as "CABE") and, therefore, requires to be set aside. Admittedly, CABE is in existence since 1935 and it is submitted that uptil now before framing the new NCFSE, the CABE was always consulted.
(2.)At the time of hearing of this matter, it was contended by Mr. C. S. Vaidyanathan, learned Senior Counsel for the petitioners that the issues involves is one of grave constitutional importance affecting the future of children and in substance contentions are as under :
1. The respondents have not sought the approval of the Central Advisory Board of to the National Curriculum Framework for School Education, 2000 and without obtaining the approval of the CABE, the NCFSE cannot be implemented.
2. The NCFSE and the Syllabus framed thereunder are unconstitutional as the same are violative of the rubric of secularism which is part of the basic structure of our Constitution. The NCFSE and the Syllabus are also violative of the fundamental right to education, fundamental right to development, fundamental right to information (which have all been read into the right to life under Article 21) and also Articles 27 and 28 of the Constitution of India.
Non-Consultation with CABE
(3.)We would first deal with the contention that non-consultation with CABE before framing National Curriculum is unjustified and, therefore, it cannot be implemented. It is submitted that the CABE is a pivotal and the highest body in the matters pertaining to education and has always played an important role in evolving any national document/policy pertaining to education as it not only has the required expertise but also an effective mechanism for State-Centre co-ordination.
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