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2002 Supreme(SC) 914

M.B.SHAH, D.M.DHARMADHIKARI, H.K.SEMA
Aruna Roy – Appellant
Versus
Union Of India – Respondent


Judgement Key Points

What is the legality of imparting education about religions in educational institutions and its compatibility with Article 28 and the basic structure of secularism?

What is the legality of imparting education about religions in educational institutions and its compatibility with Article 28 and the basic structure of secularism?


Judgment

Shah, J.—In this public interest litigation filed under Article 32 of the Constitution of India, it has been mainly contended that the National Curriculum Framework for School Education (hereinafter referred to as the "NCFSE") published by National Council of Educational Research and Training (hereinafter referred to as "NCERT") is against the constitutional mandate, anti-secular, and without consultation with Central Advisory Board of Education (hereinafter referred to as "CABE") and, therefore, requires to be set aside. Admittedly, CABE is in existence since 1935 and it is submitted that uptil now before framing the new NCFSE, the CABE was always consulted.

2. At the time of hearing of this matter, it was contended by Mr. C.S. Vaidyanathan, learned senior counsel for the petitioners that the issue involved is one of grave constitutional importance affecting the future of children and in substance contentions are as under :

1. The respondents have not sought the approval of the Central Advisory Board of to the National Curriculum Framework for School Education - 2000 and without obtaining the approval of the CABE, the NCFSE cannot be implemented.

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