SC dismisses plea for one nation-one education board

The Supreme Court on Friday rejected a plea to direct the Union government to set up a National Education Council or National Education Commission and merge the Indian Certificate of Secondary Education Board into the Central Board of Secondary Education to provide one nation and one education to all children of the country.

A bench of Justices D Y Chandrachud, Indu Malhotra and K M Joseph dismissed the PIL filed by BJP leader and advocate Ashwini Kumar Upadhyay, saying "the petition raises issues of policy. We are affirmatively of the view that it is not within the domain of this court".

"These are matters which fall within the domain of experts. Similarly, the relief which has been of introducing a “standard textbook with a chapter on the Constitution” is a matter of policy. The school syllabus contains subjects bearing on the knowledge of rights, duties and governance under the Constitution," the bench said.

The bench further observed that our children have such heavy bags and their backs were breaking with its weight. "Why should extra weight be added to it," the court asked.

With regard to plea for merging the two education boards, the court said, "the petition lays no foundation or justiciable basis for the court to issue directions of this nature."

Upadhyay, who argued the matter himself, submitted that if the court was not inclined to entertain the petition, it should be permitted to be treated as a representation and the Registry should be directed to forward it to the authorities for considering the suggestions.

Declining this plea, the bench said, we cannot "allow the office of this court to be used for directing that the suggestions which have been made by the petitioner be considered by the authorities. This is nothing but an effort to confer legitimacy on the petitioner’s attempt to enter into an area of educational policy".