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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, J.
Federation of Educational Publishers in India – Appellant
Versus
Directorate of Education and Another – Respondents
Writ Petition (Civil) No. 13143 of 2018, Civil Miscellaneous No. 51010 of 2018
Decided On : 27-03-2019
SCHOOL EDUCATION - Textbooks - Prescription - Circular issued by Directorate of Education, Government of National Capital Territory of Delhi (DoE) stipulating maximum weights of school bags to be carried by children in various classes from Class I to Class X, as well as the number of textbooks and notebooks which the students would be required to carry - Various other remedial measures, to assuage these concerns, were also prescribed in the said Circular - Challenge to the stipulation, in the impugned Circular, to the effect that all schools were required to follow the textbooks prescribed by the SCERT (the State Council of Educational Research & Training), the NCERT (the National Council for Educational Research & Training) and the CBSE (Central Board of Secondary Education) - Held, the impugned stipulation, in the Circular dated 29th November, 2018 is only in consonance with the provisions of the DSE Act, the DSE Rules, the RTE Act as well as the Affiliation Bye-Laws of the CBSE - It has, therefore, to be regarded as mandatory.
Fact of the Case:
The Directorate of Education, Government of National Capital Territory of Delhi (DoE) issued a Circular, which forms the subject matter of controversy in the present writ petition. The Circular primarily addressed the concern of school children, in primary and secondary schools, having to carry school bags which were excessively heavy, thereby causing detriment to their health and wellbeing. The Circular, therefore, stipulated maximum weights, of school bags to be carried by children in various classes from Class I to Class X, as well as the number of textbooks and notebooks which the students would be required to carry. Various other remedial measures, to assuage these concerns, were also prescribed in the said Circular.
Finding of the Court:
The impugned stipulation, in the Circular dated 29th November, 2018 is only in consonance with the provisions of the DSE Act, the DSE Rules, the RTE Act as well as the Affiliation Bye-Laws of the CBSE - It has, therefore, to be regarded as mandatory.
Issues: Whether the impugned stipulation, in the Circular dated 29th November, 2018 is only in consonance with the provisions of the DSE Act, the DSE Rules, the RTE Act as well as the Affiliation Bye-Laws of the CBSE?
Ratio Decidendi: The intention, behind the stipulation, in Clause 2.4.7 of the Affiliation Bye-Laws of the CBSE, to the effect that, in classes and subjects in which textbooks have been published by the NCERT, the School may prescribe the said textbooks, is, in my opinion, apparent. The advisability of the material, being taught by schools to students who are studying in schools affiliated to a common Board, and governed by a common syllabus, being uniform, is self-evident. While discretionary autonomy must necessarily remain, to some extent, with the teacher, to decide regarding the extent to which knowledge should be disseminated to the students under her, or his, tutelage, the basic textual material on which the students would be assessed, periodically or at the end of the academic year, must ideally be uniform. If schools are to be given an absolute discretion to decide the textbooks from which they will teach the students, it would result in the level of education and the level of knowledge, being possessed by students of the same class, studying under the same Board and subject, ultimately, to the same examination, being different, which would result in a situation of chaos, ultimately inimical to the interests of the students themselves.
Final Decision: The challenge to the impugned stipulation, in the Circular dated 29th November, 2018 is, therefore, repelled. This Court endorses the mandate, reflected in the said stipulation, to the effect that, in respect of subjects, for which textbooks have been prescribed by the CBSE and published by the NCERT/SCERT/CBSE, the said prescription shall scrupulously be followed by all schools subject to the control of the DoE. The syllabi and textbooks, prescribed by the CBSE, shall constitute the basis of imparting of education, as well as evaluation, of all schools students, from Classes I to X. Needless to say, this would apply only to schools affiliated to the CBSE.
C. HARI SHANKAR, J.
1. On 29th November, 2018, the Directorate of Education, Government of National Capital Territory of Delhi (hereinafter referred to as "the DoE"), issued a Circular, which forms the subject matter of controversy in the present writ petition. The Circular primarily addressed the concern of school children, in primary and secondary schools, having to carry school bags which were excessively heavy, thereby causing detriment to their health and wellbeing. The Circular, therefore, stipulated maximum weights, of school bags to be carried by children in various classes from Class I to Class X, as well as the number of textbooks and notebooks which the students would be required to carry. Various other remedial measures, to assuage these concerns, were also prescribed in the said Circular.
2. The grievance of the petitioner is essentially directed against the following stipulations, figuring in the aforementioned Circular:
"All the schools running on the Directorate of Education have to follow the textbooks prescribed by the SCERT, NCERT and CBSE.
Three textbooks have been prescribed for classes I and II i.e. Hindi, English and Mathematics. There shall not be any homework for these classes as circular already issued vide No. DE/10/Nur. Br./Misc./2017/Vol-II/137 dated 14.09.2018. As per the prescribed curriculum six textbooks have been prescribed for classes VI to X i.e. three textbooks for three languages and one for Maths, Science and Social Studies."
3. It is relevant to note, at this juncture, that the writ petition assails the impugned Circular, not only with respect to the stipulation, therein, to the effect that all schools were required to follow the textbooks prescribed by the SCERT (the State Council of Educational Research & Training), the NCERT (the National Council for Educational Research & Training) and the CBSE (Central Board of Secondary Education), but also with respect to the proscriptions regarding the maximum weight of school bags which children would be allowed to carry. Notice was, however, issued, by me, in the writ petition, on 5th December, 2018, limited to the challenge, by the petitioner, to the stipulation, in the impugned Circular, mandatorily requiring schools to follow textbooks published by the NCERT, the SCERT, or the CBSE, holding that the petitioner, as an association of text book manufacturers, completely lacked locus to ventilate any grievance against the weight of school bags, as prescribed by the impugned Circular. The petitioner has, apparently, accepted my view and Mr. Siddharth Luthra, learned Senior Counsel appearing for the petitioner, limited his submissions, in court, to the challenge, by the petitioner, to the proscription, as contained in the impugned Circular, to schools following textbooks other than those prescribed by the NCERT or the SCERT.
4. This judgment, therefore, limits itself to the challenge, by the petitioner, to the stipulation, in the impugned Circular dated 29th November, 2018, as extracted in paragraph 2 (supra) and the merits thereof.
5. The issue being purely legal in nature, the necessity of any factual narrative stands obviated. One may proceed, therefore, to the submissions, by learned Counsel appearing on either side, regarding the impugned stipulation, in the Circular dated 29th November, 2018, as extracted in paragraph 2 (supra).
Submissions of Mr. Siddharth Luthra
6. The primary submission of Mr. Luthra revolved around the jurisdiction and competence, of the DoE, to issue the impugned Circular, or prescribe, therein, the textbooks to be followed by schools. Mr. Luthra first drew my attention, in this context, to Section 3 of the Delhi School Education Act, 1973 (hereinafter referred to as "the DSE Act"), which empowered the Administrator to regulate education, in all schools in Delhi, in accordance with the DSE Act and the Delhi School
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