This court is not expert to prepare syllabus or prepare syllabus and it has to be done by experts (News 18)
The petitioner argued that not providing legal education violates their fundamental rights and deprives them of equality and equal opportunity guaranteed under the Constitution of India.
Dismissing a Public Interest Litigation (PIL) seeking direction to introduce legal studies as a subject in schools, the Delhi High Court has observed that the issue falls within the domain of authorities concerned with academic policy-making .
A bench headed by Chief Justice Satish Chandra Sharma said that curriculum framing falls within the sole jurisdiction of expert bodies and courts are not equipped to take their place. It has been said that the new education policy of the Government of India is meeting the needs of the country.
The bench, also comprising Justice Subramaniam Prasad, said that the petitioner would be at liberty to submit a representation on this issue to the competent authority on curriculum designing, CBSE.
“The contention of the petitioner that legal studies should be included in the curriculum and imparted in every school cannot be accepted as the issue falls within the jurisdiction of expert bodies. The relevant educational authority is concerned with issues of educational policy appropriate authority to deal with, list of subjects to be offered to the students, their standards and the quality of education to be provided,” the court said in its order issued on Tuesday.
“Therefore, in the considered opinion of this Court, framing a curriculum in relation to school education and prescribing the subjects and syllabus is the sole domain of the experts. CBSE is responsible for designing a curriculum/syllabus and deciding the number of teachers required to teach the subjects. There is a competent authority to do so. The present PIL is accordingly dismissed,” the court said.
On May 8, the court, while hearing a PIL, made an oral observation that it was within the jurisdiction of government officials to decide whether to teach legal education to school children as it was a “matter of policy”.
In its 8-page order, the court emphasized that the courses are designed by experts and it cannot decide academic matters involving standards of quality of education as it noted that “legal education/legal studies was already an optional subject in school. Education.
The court said, “This court is not expert in preparing syllabus or preparing syllabus and this has to be done by experts, this court does not find any reason to pass any order in this matter.”
“The courses are designed by experts in the field and meet the need of the country, the new education policy of the Government of India. This Court cannot substitute its views against the views of experts on the subject,” it added.
The petitioner had argued that not providing legal education to students violates their fundamental rights and deprives them of equality and equal opportunity guaranteed under the Constitution of India and the Right of Children to Free and Compulsory Education Act, 2009.
The petitioner’s counsel had submitted that legal education is a “core subject” and the soul of the Constitution, and serious steps should be taken in this regard after CBSE announced that they have added “legal studies” as a subject.
(This story has not been edited by News18 staff and is published from a syndicated news agency feed – PTI,