Supreme Court refuses to entertain PIL for uniform education system across India [17.7.2020]

17.7.2020, New Delhi

The Supreme Court on Friday refused to entertain a PIL seeking to explore feasibility of establishing ‘One Nation One Board' by merging ICSE and CBSE to ensure uniform education to all children aged between 6-14 years, saying such “policy issues” do not fall under its “domain”.

A headed by Justices D Y Chandrachud, in a hearing via video-link, told PIL petitioner and BJP leader Ashwini Upadhyay that the issue of merger of education boards cannot be decided by courts.

The Writ Petition raises issues of policy. We are affirmatively of the view that it is not within the domain of this court under Article 32 of the Constitution to direct the constitution of a National Education Council or National Education Commission.

“These are matters which fall within the domain of experts. Similarly, the relief which has been of introducing a ‘standard  text book with a chapter on the Constitution' is a matter of policy. The school syllabus contains subjects bearing ..

“Our students are already burdened with heavy school bags on their shoulders. Why do you want to add to their burden by adding more books,” the bench asked during the hearing.

The bench also did not allow the prayer of Upadhyay that the apex court registry should send his plea as representation to the authorities for action.

“We decline to allow the office of this court to be used for directing that the suggestions which have been made by the petitioner be considered by the authorities. This is nothing but an effort to confer legitimacy on the petitioner's attempt to enter into an area of educational policy,” the order said.

The PIL had sought directions to look into the feasibility of establishing 'One Nation One Education Board' by merging the Indian Certificate of Secondary Education Board and the Central Board of Secondary Education.

18 Jul 2020