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Delhi High Court judgement of 7 Nov. 2006 on 75 objectionable passages in NCERT textbooks

<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->IN THE HIGH COURT OF DELHI AT NEW DELHI

WRIT PETITION (CIVIL) NO. 17909-13 OF 2005 (PIL)





IN THE MATTER OF:

SH. DEENA NATH BATRA & OTHERS                                          …PETITIONERS



            VERSUS

UNION OF INDIA & OTHERS                                                        ….RESPONDENTS





WP © NO. 17909-13/2005 AND CN NO. 13216, 13404, 13169, 11534/05, 13884-85 OF 2005



Present:            Sh. R. P. Bansal Senior Advocate with

                        Mr. Rakesh Mahajan, Mr. Prabhat Ranjan Advocates

                        For the Petitioners

                        Mr. Virender Sood Advocate for UOI

                        Amit Bansal for respondent No. 2

                        Ms. Manisha for Amit Bansal for CBSE

                        Rohit Kumar Singh for respondent No. 3

CORAM

HON'BLE MR. JUSTICE DR. MUKUNDAKAM SHARMA

HON'BLE MS. JUSTICE HIMA KOHLI



ORDER

07.11.2006

<b>It is stated by the learned counsel for the NCERT that out of 75 objectionable passages in the text books which are pointed out by the petitioner, 45 of them have already been removed by the NCERT. It is also stated that 21 objectionable passages will be removed from the text books with effect from 1.4.2007 in view of new curriculum introduced and the remaining 8 passages shall also be taken out from the texts with effect from 1.4.2008.</b>

In respect of one of the paragraphs of page 2 of Professor Bipan Chandra's Modern India, textbooks for class XII, the NCERT has suggested changes to the existing paragraph in view of certain objections from certain quarters. The new passage which is replacing the existing one has been set out in the letter dated 3/06.11.2006. On consideration of the contents of the new passage which would replace the existing one, we grant permission to NCERT to issue circulars for bringing changes by6 inserting the new passages and replacing the existing one. An advisory letter to the said effect shall be issued by the NCERT.

So far as the remaining, 20 objectionable passages which are being with effect from 1.4.2007 are concerned, in our considered prima facie opinion curriculum should be aimed to give positive education and since those 20 objectionable passages are being taken out by the NCERT from the text books, effective from 1.4.2007, they should give instructions to the appropriate and concerned authorities not to set any question from such passages in respect of which there is some reservation and objection. We are not deciding the validity of the same at this stage but we shall be informed about the response of the NCERT within four weeks.

We are also shown the opinion expressed by the NCERT Director, Krishan Kumar and statement of CBSE Chairman, Ashok Ganguly which is reported in the "Express News Service" dated 24.10.2006. The said statement indicates that there have been some consideration and guidance was also issued to the schools that the students should not be tested on the basis of objectionable passages in the curriculum in which some sweeping statements are made against a particular community.

Learned counsel for the CBSE shall also obtain instructions from the CBSE in respect of the aforesaid suggestion.



Renotify on 11th January, 2007.

Copy of the order be given dasti to the counsel appearing for CBSE and NCERT.



                                                                        Dr. Mukundakam Sharma, J.

                                                                       

                                                                                    Hima Kohli, J.



November 07, 2006

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