Will Overlook Local Culture And Language: CBSE Opposes Plea Seeking Uniform Syllabus In Schools Across Boards

While opposing the prayer sought in the plea, CBSE has submitted that Education being a subject in the Concurrent List of the Constitution of India, and the fact that majority of schools are under the jurisdiction of the State Governments, therefore, it is for the respective State/Union Territory Governments to frame syllabus, curriculum and conduct examinations for their schools.

“The National Curriculum Framework (NCF) developed by the NCERT as per the mandate of the National Policy on Education sets the guidelines and direction for the development of syllabi and textbooks at all the school stages. As a follow up to the NCF, curriculum, syllabi, text-books and other supplementary material are developed by NCERT. State Council of Educational Research and Training (SCERTs) and State Education Boards either adopt or adapt NCERT's model syllabi and textbooks or develop their own syllabi and textbooks based on NCF”, the affidavit reads.

The CBSE has also stated that the Central Government has notified the National Council for Education Research and Training (NCERT) as the academic authority under the provision of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act). As the academic authority, it has been entrusted with the task for preparing the framework of national curriculum under section 7(6) of the RTE Act, while the State Government has also notified the State Agency/Institutes in schools education such as State Council of Education Research and Training for the purpose of preparing framework of appropriate curriculum under the Act.

Furthermore, it has contended that since Education as a subject matter falls in the Concurrent list, the States and UTs have freedom to either adopt or adapt the model syllabus and text books prepared by NCERT. It has also stated that the NCERT develops National Curriculum Framework based on the recommendations given by the National Policy on Education (NPE) keeping in view the core concerns like inclusive education, gender concerns, value education etc and that CBSE has adopted NCERT's syllabi and prescribes NCERT's textbooks for schools affiliated to the CBSE.

The CBSE says in its counter affidavit, “…the Uniform Board/Syllabus across India does not take into account the local context, culture and language. There is a national framework with flexibility for the emphasis of local resources, culture and ethos. A child can better relate to a curriculum that is more closely related to his/ her life outside the school. Therefore, multiplicity of curricula and other educational resource is desirable in addition to a core common element”.

For the background, the plea filed by Advocate Ashwini Kumar Upadhyay alleging the role of ‘Education Mafias’ to be very powerful with a strong syndicate influencing the rules, regulations, policies & examinations, states, “Syllabus & curriculum is common for all entrance examinations viz. ]EE, BITSAT, NEET, MAT, NET, NDA, CU-CET, CLAT, AILET, SET, KVPY, NEST, PO, SCRA, NIFT, AIEED, NATA, CEPT etc. But, syllabus and curriculum of CBSE, ICSE and State Board is totally different. Thus, students don't get equal opportunity in spirit of Articles 14-16”.

The plea also says that the questions which are asked in the competitive exams are actually not taught in government schools, which creates a problem for the parents as they first have to pay hefty school fees for their children, and then subsequently pay to the coaching centers as well. It is further alleged in the plea that ‘School and Coaching Mafias’ don’t want One Nation-One Education Board, and NCERT books in all schools.

Cause Title: Ashwini Kumar Upadhyay v. Union of India