MRS. SANTOSH SINGH versus UNION OF INDIA & ANR.

MRS. SANTOSH SINGH versus UNION OF INDIA & ANR.

The Supreme Court held that while value-based education is necessary, decisions regarding the form and manner of inculcating values in educational curricula are matters of policy beyond the province of judicial review. The Court lacks the expertise to mandate inclusion of moral science as a compulsory subject and such issues should be decided by those responsible for education policy, not through judicial intervention under Article 32.

Parties
Petitioner: Mrs. Santosh Singh; Respondent: Union of India; Respondent: CBSE
Jurisdiction
India
Judgment Date
22 July 2016
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
petition dismissed
Legal Topics
Public Interest Litigation, Judicial Review, Curriculum Policy, Value Based Education, Fundamental Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs. Santosh Singh

Petitioner

Union of India

Respondent

CBSE

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

  1. 1 Whether the Supreme Court can issue a mandamus directing inclusion of moral science as a compulsory subject in school curriculum
  2. 2 Whether failure to include moral science violates Article 25 and 51A(f) of the Constitution

Ratio Decidendi

The Supreme Court held that while value-based education is necessary, decisions regarding the form and manner of inculcating values in educational curricula are matters of policy beyond the province of judicial review. The Court lacks the expertise to mandate inclusion of moral science as a compulsory subject and such issues should be decided by those responsible for education policy, not through judicial intervention under Article 32.

Court Disposition

petition dismissed

Orders

  • Writ Petition dismissed
  • Applications for impleadment and intervention are disposed of accordingly