Courts should not substitute their views for those of expert bodies in academic matters.

JUDGMENT

Satish Chandra Sharma, C.J. (Oral)--The Petitioner before this Court has filed the present Writ Petition as a Public Interest Litigation (PIL) stating that they are much involved in the rights pertaining to education of the children of this country and the present Writ Petition has been filed for the benefit of crores of students studying or desirous of studying in schools of Directorate of Education Delhi, Kendriya Vidyalaya Sangthan, Navodaya Vidyalaya Samiti, Municipal Corporation in Delhi and other bodies.

2. The Petitioner has further stated that after further research on this topic, he came across an article published in the Times of India dated 09 April 2013 that Central Board of Secondary Education (CBSE) has decided to introduce legal studies as a subject in classes XI-XII, as a pilot project in 200 schools in India and abroad. After inquiring about the said publication by filing RTI to the respondent no. 2/CBSE in August, 2022 about the said article the petitioner was informed that no records of 2013 files have been found in the Academic Unit. In August 2022 the petitioner tried to inquire about the CBSE letter whether legal studies is a subject of study in schools and legal study education is being imparted to students by recruitment of law graduate teacher on permanent basis in uniform manner in schools run by Directorate of Education, Delhi. He was informed by the respondents that law is not offered as a subject of study in their schools. During research the petitioner also tried to collect the details of the schools where teaching of legal studies at present was being imparted and he found that legal study is a subject only in 18 private schools.

3. The Petitioner's main grievance is that the subject of Legal Studies and subject of Law should be introduced as a compulsory subject in schools education. The Petitioner has prayed for the following relief:

"I) Issue any appropriate writ, order or direction directing the respondents to forthwith offer and introduce law education/legal studies subject compulsorily as elective/optional subjects in all the schools forthwith.

II) Issue any appropriate writ, order or directions directing the respondents to forthwith create adequate number of regular posts of Law Graduate Teachers on permanent basis to impart legal studies as per the syllabus of CBSE by framing recruitment rules and recruit at least two Law Graduate teachers in each and every school (One Male and One Female) falling under their jurisdiction, area and control.

III) Pass any other, order, or directions or such further orders or directions as this Hon'ble Court may deem fit and proper in the interest of students, society and interest of justice, and

IV) Allow the present Public Social Legal Justice Interest Litigation petition, in favour of the petitioners, students and society."

4. The petitioner states that not imparting legal education to students violates their fundamental rights and deprives them of equality and equal opportunity guaranteed under Article 14,21, 21-A of the Constitution of India read with provisions of Right of Children to Free and Compulsory Education Act, 2009 and fundamental rights of the children.

5. This Court has heard the Learned Counsel for the Petitioner at length and has carefully gone through the documents on record. The Petitioner's prayer is for the issuance of an appropriate writ, order or direction directing the Respondents to introduce Law Education/Legal Studies as compulsory/optional subject in the schools forthwith.

6. In the considered opinion of this Court, framing of a course is the sole domain of expert bodies and the Courts are neither equipped nor have the academic or technical background to substitute themselves in place of statutory professional technical bodies, and to take decisions in the academic matters involving the standards of quality of education.

7. The courses have been designed by experts of the field and the new education policy of Governme