Kosha Doshi | Symbiosis Law School, Pune | 6th April 2020<\/p>\n\n\n\n
Ashwini Kumar Upadhyay vs Union Of India [Petition for Special Leave to Appeal (C) No.29274\/2019; Supreme Court]<\/strong><\/p>\n\n\n\n Facts:<\/strong><\/p>\n\n\n\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0With 5464 Tehsils all across India and only 1209 out of them have Kendriya Vidyalaya which is associated with CBSE. A petition was filed earlier in the Delhi High Court which was dismissed. The High Court bench consisting of Chief Justice DN Patel and Justice Hari Shankar stated that it was the decision of the government regarding setting up of at least one KV in every Tehsil. The final judgment and order declared by the High Court on 1st<\/sup>\u00a0of October, 2019 was challenged by filing a special leave petition in the Supreme Court. The plea was by the BJP leader, Ashwini Kumar Upadhyaya for the establishments of KVs in every Tehsil.\u00a0<\/p>\n\n\n\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0The petition stated that the medium of instructions and teaching may differ due to regional perspectives but the quality of teaching must not be compromised. Non availability of good quality KVs at Tehsil Headquarters brought about migration to district and State capitals indirectly hampering law and order. The petition brought forth the change made in other countries and its need to be implemented in India.\u00a0\u00a0The disadvantage caused to children having parents\u2019 whose work required them to be transferred was kept in mind while this petition was brought about.\u00a0\u00a0KVs\u2019 low fee structure would help the poor and expose them to the competitive world.\u00a0<\/p>\n\n\n\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0KVs having good quality teaching along with regular inspections would raise the standards of quality teaching. The festivals celebrated in KVs would bring about unity in diversity. The petition mentioned KVs producing notable people and therefore it is a respected and recognized all over India. In comparison to the private institutions KVs consist of only one or two sections per standard thereby bringing forth good quality and personal attention. Extra-curricular activities taking place in KVs provide students an opportunity to grow in different aspects. Further, the petition states that KVs provide separate hours for library and work experience trainings (WET) exposing them to a cosmopolitan culture. The benefits of KVs have been highlighted in the petition as a medium to convince the government for setting up KVs.<\/p>\n\n\n\n Issue:<\/strong><\/p>\n\n\n\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Whether the plea for establishment of Central School in every Tehsil is a valid one?<\/p>\n\n\n\n Judgment:<\/strong><\/p>\n\n\n\n The establishment of KVs would uphold the aims, objective and basic structure of the Constitution. In addition to providing equal opportunities to the poor children, it would also promote fraternity, unity and national integration. It relied on the case of Plessy v. Ferguson where it was stated that uniform education would provide a code of common culture, remove disparity and deplete the discriminatory values. KVs would bring about enhancement of virtues, quality of life, widening of thought process, Constitutional philosophy and provide a basic platform for preparation of Uniform Civil Code. Imparting social economic justice was on utmost significance where Article 38(2) minimized inequality in income status facilities and opportunities.<\/p>\n\n\n\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0The Supreme Court had failed to observe the guidelines laid down in Rohit Singhal v. Jawahar Navoday Vidyalay where the Supreme Court had stated that the children where the future citizens along with the future of earth. The elders owed a responsibility of welfare of the children. The treatment would determine that whether the future would be better or worse. Educating the children is seen as an investment made by the nation in its children and harvesting the future of responsible adults and a well-functioning society. Further, the petition explained the essence of the Constitution in the view of Jurist Sh. Palkhivala.\u00a0<\/p>\n\n\n\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0KVs would ensure a common syllabus along with common circulation of uniform education. Providing education to students from standard I- VIII would uphold the spirit of Article 14, 15, 16, 21A and the Preamble of the Constitution.\u00a0Right of students from 16-14 includes not only free education but also good quality education without discrimination of socio-economic and cultural backgrounds.\u00a0\u00a0Articles 39-46 which ensure social economic justice needs practicality and enforcement for orderly growth and development of the deprived sections of the society bring about equality.\u00a0<\/p>\n\n\n\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0The plea sought direction to the Ministry of Human Rights Development and the Government of India to construct at least one KV in every Tehsil. This petition brought forth the significance of imparting education and need for setting up KVs in a manner to impart socio- economic justice.\u00a0<\/p>\n","protected":false},"excerpt":{"rendered":" Kosha Doshi | Symbiosis Law School, Pune | 6th April 2020 Ashwini Kumar Upadhyay vs Union Of India [Petition for Special Leave to Appeal (C) No.29274\/2019; Supreme Court] Facts: \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0With 5464 Tehsils all across India and only 1209 out of them have Kendriya Vidyalaya which is associated with CBSE. A petition was filed earlier in […]<\/p>\n","protected":false},"author":167,"featured_media":261,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[26],"tags":[],"yoast_head":"\n