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2021 Supreme(Online)(KER) 34562
HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
VINOD MATHEW WILSON – Appellant
Versus
UNION OF INDIA – Respondent
WP(C)/28124/2021
R.SIVADASAN, C.K.ANWAR, SRI.S.MANU, SRI. NIRMAL S, SRI. K.P.HARISH
Courts cannot direct educational policy or curriculum changes, as these require expert assessment and lie within the legislative domain.
Headnote:
Education - Law Curriculum - Article 226 List - The court analyzed the petitioner's request for mandamus to include Law in school curriculum, referencing the separation of powers and the need for expert studies before curriculum changes, ultimately concluding that it lacked jurisdiction to direct educational policy changes.
Fact of the Case:
A lawyer filed a Public Interest Litigation seeking a writ of mandamus to compel various educational agencies to include Law as a subject from the 8th standard in CBSE, ICSE, and Kerala state schools, arguing significant public benefits.
Finding of the Court:
The court found that it lacked the jurisdiction to direct the inclusion of Law in the curriculum, emphasizing the need for expert assessment and the separation of powers among legislative, executive, and judiciary.
Issues: Whether the court has the authority under Article 226 to compel educational agencies to include Law as a subject in school curriculums.
Ratio Decidendi: The discretionary power under Article 226 cannot extend to directing educational policy or curricular changes without expert assessments, as such decisions fall exclusively within the legislative domain.
Final Decision: The writ petition is dismissed.
JUDGMENT
SHAJI P. CHALY,J.
This is a Public Interest Litigation filed by a practicing lawyer seeking to issue a writ of mandamus directing the respondents, namely the Union of India, Department of School Education and Literacy under Ministry of Education (MoE), New Delhi, Central Board of Secondary Education (CBSE), New Delhi, Indian Certificate of Secondary Education (ICSE), New Delhi, Secretary, Department of General Education, Government of Kerala, Thiruvananthapuram and the Chairman, Curriculum Steering Committee, SCERT, Thiruvananthapuram to include Law as a subject in the curriculum of Central Board of Secondary Education (CBSE) as well as Indian Certificate of Secondary Education (ICSE), and in the curriculum of schools in Kerala, preferably from 8th standard onwards.
2. According to the petitioner, Indians, irrespective of their social, educational or financial standing are hopelessly ignorant of law, which renders their lives miserable in every sphere of their day-to-day activities; and that the worst casualty is the downtrodden among them, still remaining marginalized, who are often subjected to even violation of their basic human rights.
3. It is also pointed out that National Legal Services Authority and its subordinate units at State, District and Taluk levels were constituted under the Legal Services Authorities Act, 1987 for providing free and competent legal services to the weaker sections of the society and thus, the Kerala State Legal Services Authority has been conducting legal literacy classes at School and College levels for enlightening the students. So, according to the petitioner, the practical solution to instill legal education is to include Law in the curriculum of the students, and the mandatory inclusion of varied subjects in the curriculum has to have a definite objective of giving an option to the students to select his area to be pursued for his higher studies and ultimate employment.
4. Therefore, it is submitted that inclusion of Law as a subject in the curriculum, apart from imparting basic knowledge of law will have a far reaching positive impact on his future life and in his sphere of activity, even if he does not choose it for his higher studies to become a lawyer.
5. That apart, it is submitted that inclusion of Law as a subject in the curriculum will have a far reaching positive impact in moulding a society with a higher degree of civic conscience and hence, Law must be made a subject in the curriculum, preferably from 8th standard onwards, so that at the stage of Plus Two, with study of law at a higher level, the students can take a decision to opt for taking law as a career and resultantly, there would be emergence of a dedicated and well nourished army of budding lawyers, which would go a long way in enhancing the very quality of legal profession in the curriculum. The positive approach in various aspects of human life can be achieved by the knowledge of various enactments like Prevention of damage to public property Act, Constitution of India , Dowry prohibition Act, Environmental laws and similar other enactments.
6. It is also submitted that the inclusion of Law in the curriculum would give a clear insight to the students to have a definite and positive approach to the issues that are faced by the society and consequent to which, a number of problems faced by the society at present would be solved, when such aspects have created serious impacts in the minds of the young students. Therefore, according to the petitioner, nothing standing in the way of this Court exercising the power under Article 226 of the Constitution of India and issuing directions to the respondents to include Law as a subject in the course curriculum of students who are undergoing education as per CBSE, ICSE and State syllabuses.
7. We have heard, Sri. R. Sivadasan for the petitioner, learned Senior Government Pleader Sri. K. P. Harish for the State, and perused the pleadings and materials on record.
