Court upholds NCFSE 2000 validity, stresses NCERT role in education, dismisses petition challenging curriculum content

The court dismissed the petition, ruling that the National Curriculum Framework for School Education (NCFSE) 2000 was valid despite non-consultation with the Central Advisory Board of Education (CABE) and that it did not violate Article 28 of the Constitution. The court emphasized the role of the NCERT in publishing the curriculum and highlighted the promotion of universal values and harmony in education. The court also addressed various additional submissions regarding the curriculum content, including the treatment of Sanskrit, Vedic astrology, Hindu festivals, scientific temper, and student categorization.

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Issues Involved:
1. Non-consultation with Central Advisory Board of Education (CABE).
2. Violation of Article 28 of the Constitution.

Summary:

Non-Consultation with CABE:
The petitioners contended that the National Curriculum Framework for School Education (NCFSE) 2000 was implemented without the approval of the Central Advisory Board of Education (CABE), which has historically been consulted before framing such policies. The court noted that CABE is not a statutory body and its functions, as per the resolutions of 1986 and 1990, do not mandate consultation before framing the NCFSE. The court acknowledged that CABE had not been reconstituted since 1994 due to various reasons, including a suggestion from the Prime Minister to make it a more compact board. The court also highlighted that NCERT, an autonomous body with a high-powered council including ex-officio members and experts, is authorized to publish the national curriculum. The court concluded that non-consultation with CABE does not invalidate the NCFSE.

Violation of Article 28:
The petitioners argued that the NCFSE's emphasis on "education about religions" violates Article 28, which prohibits religious instruction in educational institutions wholly maintained out of State funds. The court examined the relevant parts of the NCFSE, which aim to promote value-based education and awareness of the common essence of all religions, while cautioning against personal prejudices and dogmas. The court referred to the S.B. Chavan Committee's report, which emphasized the need for value-based education to combat societal issues like fanaticism, violence, and corruption. The court concluded that the NCFSE does not impart religious instruction but rather promotes universal values and harmony, in line with Article 51A of the Constitution.

Additional Submissions:
- Sanskrit Language: The court found no imposition of Sanskrit, noting it is offered as an elective subject, and emphasized its cultural importance.
- Vedic Astrology and Mathematics: The court clarified that the curriculum refers to "astronomy" and that "vedic mathematics" is suggested as a computational aid, not imposed.
- Hindu Festivals: The court rejected the claim that Hindu festivals are treated as national festivals, noting the curriculum encourages joint celebrations of major religious festivals.
- Scientific Temper and History: The court dismissed the contention that the curriculum distorts history or undermines scientific temper.
- Categorization of Students: The court stated that the criteria for evaluating students' merits are for experts to decide and cannot be adjudicated in a writ petition under Article 32.

Conclusion:
The court dismissed the petition, holding that non-consultation with CABE does not invalidate the NCFSE and that the curriculum does not violate Article 28. The interim relief granted was vacated, and the IAs seeking intervention were disposed of accordingly.

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