2023 Supreme(Online)(Del) 19627
DELHI HIGH COURT
VIRANDER KUMAR SHARMA PUNJ & ANR. – Appellant
Versus
GOVERNMENT OF NCT OF DELHI & ORS. – Respondent
W.P.(C)-5939/2023
Neutral Citation Number: 2023:DHC:3379-DB
W.P.(C) 5939/2023
Page 1 of 8
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IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of Decision: 08.05.2023
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W.P.(C) 5939/2023 and C.M. No. 23285/2023
VIRANDER KUMAR SHARMA PUNJ & ANR. ..... Petitioner
Through:
Mr. Meghverna Sharma, Advocate.
versus
GOVERNMENT OF NCT OF DELHI & ORS.
..... Respondent
Through:
Mr.
Santosh
Kumar
Tripathi,
Standing Counsel with Mr. Arun
Panwar, Ms. Aakriti Mishra, Mr.
Pradyumn Rao and Ms. Mahak
Rankawat,
Advocates
for
Respondent/ GNCTD.
Mr. Traveen Singh Nanda, Advocate
for Respondent/ UOI.
Ms. Manisha Singh, Respondent
No.2.
Mr.
Arjun
Mahajan,
Standing
Counsel with Mr. Apoorv Upmanya,
Advocate
for
Respondent
No.5/
MCD.
Mr. Chetan Sharma, ASG with Ms.
Monika Arora, CGSC, Mr. Amit
Gupta, Mr. Yash Tyagi, Ms. Saurabh
Tripathi and Mr. Subhrodeep Saha,
Advocate for Respondent/ UOI.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:16.05.2023
14:41:58
Signature Not Verified
Neutral Citation Number: 2023:DHC:3379-DB
W.P.(C) 5939/2023
Page 2 of 8
SATISH CHANDRA SHARMA, CJ. (ORAL)
1.
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.
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:16.05.2023
14:41:58
Signature Not Verified
Neutral Citation Number: 2023:DHC:3379-DB
W.P.(C) 5939/2023
Page 3 of 8
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:
II) Issue any appropriate writ, order or directions directing the
III) Pass any other, order, or directions or such further orders
IV) Allow the present Public Social Legal Justice Interest
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