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The Delhi High Court on Monday listed for hearing on April 09 a public interest litigation seeking directions on the Centre and the Delhi Government to make “Health and Yoga Science” a mandatory part of curriculum up to 8th Standard for an overall development of the children as well as development of their physical & mental abilities in spirit of Section 29 of the Right to Education Act, 2009.
A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela said that the issue is in the realm of policy making and has to be dealt with by experts.
Filed by Advocate Ashwini Kumar Upadhyay, the plea seeks a declaration that the Right to Education, guaranteed under Article 21A of the Constitution of India implies Right to Holistic Integrated Equal Quality Education.
“You are seeking some direction like an academician. See your prayers. You say that the Right to Education implies holistic integrated equal education. The meaning of these words can differ from one expert to another. We need to confine ourselves within the realm in which we can exercise our jurisdiction. What is quality education? Is this defined anywhere? No. This matter is to be pondered about by experts in the area, those who are in the field of education. What is holistic? According to you its meaning may be different. According to someone else the connotation may be different. Are these issues justiciable?”, the CJ remarked.
He further said: “The word uniform does not require any interpretation. But holistic… It is a matter of conception. You may conceive it in different manner. Some other expert may see holistic education in some other manner.”
The counsel appearing for Delhi Government submitted that the curriculum of students is not designed by the State and that whatever suggested by the NCERT is incorporated in the syllabus.
At this stage, the Court further questioned Upadhyay as to why only Yoga was being emphasised on as the only medium to improve health and mental well being of children when there are other ways as well to do so.
Observing that the issue is in the realm of policy, the Court said, “You must while presenting a matter before a court of law or while presenting a petition before the executive, there has to be a difference. See your prayer 2 [to declare that Right to Health and Right to Education are complementary and supplementary to each other]. Whether any such declaration is required to be made by court that health and education is to go to hand in hand?,” CJ said.
He added: “You are seeking a mandamus directing them to include yoga in curriculum. For a mandamus, you need to have a statutory right. Where is that?…. The question is, how far can we go in these matters. Everything I like cannot become my judgment.”
The Court further said that even if it is held that Yoga helps in reducing mental stress amongst children, the issue was whether such a direction can be issued.
“There are certain preconditions for issuance of mandamus. These are matters to be taken care of by the policy makers, the executive…. It is the job of experts deployed by the State of institution. We cannot say you have this curriculum or not have this curriculum. We lack the expertise.“
The Court directed the Delhi Government to file its response in the matter within four weeks. It also asked Upadhyay to file a rejoinder, if any.
The Bench also issued fresh notice to the NCERT and sought its response.
Stating that education is the most important fundamental right as other rights are meaningless without implementing it effectively, the plea avers thus:
“So, State has not only a constitutional obligation to provide “Health and Yoga Education” to children but also to ensure the creation and sustaining of conditions congenial to good health. Article 21 read with Articles 39 and 47, casts the duty on the State to take appropriate steps to improve health of the citizens particularly children and provide necessary information instruction training and supervision in this regard.”
The plea further adds that Article 21A was inserted to provide a holistic integrated uniform education to all children aged 6-14 years as a fundamental right and subsequently the Right to Education Act was enacted.
While submitting that after enactment of the RTE Act, study of Health & Yoga Science has become a right of 6-14 years children, the plea argues that the same has however remained “named-sake on papers and is the most neglected subject.”
“Marks are not awarded for Health & Yoga Science in annual exam and even the teachers of Kendriya Vidyalaya and Navoday Schools say that Health & Yoga Science is not a compulsory subject,” it adds.
Case Title: ASHWINI KUMAR UPADHYAY v. UNION OF INDIA & OTHERS
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