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By Our Legal Correspondent
A three-Judge Bench comprising the Chief Justice, S.P. Bharucha, Justice Shivaraj V. Patil and Justice B.P. Singh granted the interim stay on a public interest petition filed by social activist, Aruna Roy, columnist B.G. Verghese and sociologist, Meena Radhakrishna Tyabji, challenging the new curriculum. The Bench also issued notice to the Union Human Resources Development Ministry, the Central Board of Secondary Education (CBSE), the NCERT and the National Human Rights Commission returnable in two weeks. The Bench said "there shall be a direction to the HRD Ministry, the CBSE and the NCERT not to further implement the new curriculum without consultation with the Central Advisory Board of Education'' (CABE). When the Additional Solicitor, Mukul Rohtagi, appearing for the Centre requested the court not to pass any interim order and that he would come back with the response of the Union Government, the Bench asked whether he could give an undertaking that till the Centre responded, there would be no implementation of the new curriculum. On behalf of the NCERT, senior counsel, M.N. Krishnamani, submitted that after 1992, the Government had not re-constituted the CABE. However, a parliamentary committee submitted a comprehensive report on value-based education in 1999 and the revised curriculum was strictly in conformity with this report, he said. Even as both counsel sought time to get instructions, the Bench passed the interim order. Arguing for the petitioners, senior advocate, Fali S. Nariman, said the Government had changed the entire education policy without even consulting the CABE, which comprised of experts and State Education Ministers. He submitted that the CABE was not consulted though the National Policy on Education had specifically stated that it ought to be consulted. The petitioners submitted that the respondents had deleted certain portions of textbooks relating to beef eating, cow slaughter on grounds of religion and sought to introduce Vedic mathematics and Sanskrit as a compulsory subject. They argued that such distortions in the textbooks would amount to religious propaganda, which would result in stultifying growth, development and the spirit of critical inquiry of children. The petitioners sought a direction to strike down the revised curriculum; to hold that the deletions made in the textbooks were unreasonable and arbitrary and to direct the respondents to revise the syllabus in consultation with experts in a transparent manner.
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