RTE Act: Delhi High Court Asks Union Government to Respond on A Plea Seeking Common Syllabus for Madrasas and Vedic Pathsalas
(Judicial Quest News Network)
The Delhi High Court on Thursday issued notice to Centre & Delhi Govts on a PIL challenging the provisions of the Right to Education Act (RTE) 2009 & sought direction to bring Madrasas, Vedic Pathshalas & Educational Institutions imparting religious instructions within the ambit of the Act.
The PIL has been filed by Bhartiya Janta Party (BJP) Leader and Supreme Court Advocate Ashwini Upadhyay, who argued that Section 1(4) and 1(5) arbitrary irrational and violative of Articles· 14, 15, 16 and 21 and direct the Centre to implement common syllabus and common curriculum for the students of I-VIII standard throughout the country.
A division bench of Justice DN Patel & Justice Jyoti Singh sought responses of all respondents including Central Govt and Govt of Delhi and Govt of NCD of Delhi and listed the matter for March,20 2022.
Earlier the Supreme Court had said that “We are of the opinion that the petitioner should approach the High Court by filing a petition under Article 226 of the Constitution of India raising all points that are raised in this petition.
The Apex court observed that the exclusion of these institutions was specifically inserted into the RTE Act 2009 by an amendment of August,2012 and since then there has never been any controversy in the past decade.
In his plea, Upadhyay has argued that the RTE Act must be construed and implemented in a way so that the Constitutional goals do not remain mere letters of statute, but further cherish its principles.
The Court was told that that the Centre is not only empowered but also obligated to formulate an effective common syllabus and curriculum in consonance and in furtherance of constitutional goals of Preamble because right to education guaranteed under Article 21A must be read in consonance with Article 14, 15, 16, 38, 39, 46 and there must be no discrimination in quality of education. Right of child should not be restricted to only free and compulsory education but must be extended to equal quality education without discrimination on social economic religious cultural background thus common syllabus and common curriculum is essential for all the children up to 14 years.
The Injury Caused to children is extremely large because rather
than implementing a common education system, for all the children
up to 14 years in spirit of Articles 14, 15, 16, 21, 21A, 38, 39, 46 and
Preamble; Centre inserted S. 1(4) and 1(5) to deprive educational
excellence to Madrasas, Vedic Pathsalas and educational institutions
imparting religious instruction. Petitioner submits that S.1(4) and
1(5) not only offend Articles 14, 15, 16, 21, 21A but also contrary to
Articles 38, 39 and 46 and Preamble.
The plea further avers that The Common Education System Viz. Common Syllabus & Common Curriculum for all the children up to 14 years is not only necessary to secure social economic equality and social economic justice guaranteed under Articles 14-16 but also essential to promote fraternity assuring dignity of children and unity and national integration as mentioned in the Preamble.
The petitioner further submits that Petitioner respectfully submits that to achieve equality in practice and elevate the poor, weak, Dalits, tribals and minority community, the State must provide common education viz. common syllabus and common curriculum to all the children in I-VIII standard in spirit of the Article 21A read with Articles 14, 15, 16, 38, 39, 46 and 51A. But it has not taken steps in this regard. Hence, petitioner is filing this PIL in the interest of the children.
It is further contended that the Hallmark of a compulsory education system is the curriculum, which must be equally and uniformly applied across the board, so as to ensure conditions, in which each child is placed on an equal playing field, competent to take on the challenges of the real world and empowered to avail the opportunities which life offers in its myriad circumstances, equally.
Petitioner submits that compulsory education which mandate every child to attend school, but lacks in providing an effective common curriculum is worse than providing no education at all. Hallmark of compulsory education system is syllabus & curriculum which must be equally & uniformly applied across the board, so as to ensure conditions, in which each child is placed on an equal playing field, competent to take on the challenges of real world and empowered to avail the opportunities which life offers in its myriad circumstances, equally. Moreover, by the operation of words ‘free’ and ‘compulsory’, and the inclusion of S. 7(6) and 29 of the RTE Act, it is manifest that Centre is not only empowered but also obligated
to formulate effective common syllabus and common curriculum in consonance and in furtherance of the constitutional goals.
Thus, it is prayed to declare that Article 21A was inserted in the Constitution of India in furtherance of Articles14,15,16,21 and to achieve the golden goals, enshrined in Articles 38 (Secure social order for the promotion of welfare of the people), 39(Children are given opportunities and facilities to developing a healthy manner), 46 (Promotion of educational and economic interest of Scheduled Castes, Schedule Tribes and other weaker Sections) and preamble of the Constitution of India.
