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A Division Bench of Acting Chief Justice Mr. Vipin Sanghi J. and Mr. Sachin Datta J,. directed the Central Government and NCERT to file its response in plea seeking to mandatorily incorporate Yoga and Health Sciences in school curriculums upto 8th standard. 

While hearing the petition, Hon'ble Mr. Vipin Sanghi J., orally remarked "Are you aware that other countries have other health practices? Such as in Japan and China? Why only Yoga ?"

The Petitioner clarified that he had been referring to Yoga and Health Sciences. He further pointed to articles by various newspapers such as Times of India and Indian Express reporting the declining state of physical and mental well being in India. However, the bench remained unconvinced with the prayers of the Petitioner and clarified that this was an issue of policy, which was outside the court's jurisdiction. The decision to include Yoga and Health Sciences in the curriculum is one that must be taken by NCERT and Central Government

Hon'ble Mr. Vipin Sanghi J. retorted "Who are you dictate to the government that they should include Yoga?"

The Petitioner referred to previous education policies by the government, which took a favourablThe academic authority, while laying down the curriculum and the evaluation procedure under sub-section (1), shall take into consideration the following, namely:e stance towards Yoga. he also referred to Section 29 of the Right to Information Act, 2009 which clarifies the criteria the Academic Authority must keep in mind while designing the curriculum.

Subclause d of Section 29 states that "The academic authority, while laying down the curriculum and the evaluation procedure under sub-section (1), shall take into consideration the following, namely:

(d) development of physical and mental abilities to the fullest extent;"

Mr. Upadhyay further mentioned how many states such as Haryana and Gujarat had fully incorporated Yoga and Health Sciences in their curriculum and were holding regular classes. However, in Delhi classes were not happening on a regular basis and the subject had not been properly incorporated in Delhi schools' curriculum. 

He also referred to the oath taken by the judges before assuming office. 

"Your Lordships took an oath", he said. 

"What portion of the oath are you referring to?", asked the acting Chief Justice, while stating that there was nothing in the oath which would aid the case of the Petitioner. "Point it out to me. I have read it nine times this morning"

The court then asked Chetan Sharma, ASG, who appeared for the Central Government, if the prayers in the Petition were acceptable to the Centre. While requesting the court for time to seek further instructions, Mr. Sharma said "NCERT may incorporate this in its curriculum. We will seek instructions."

"You do it then. What is stopping you? Why do you need an order of this court to tell you do it? Why should we interfere with matters of policy, which we are repeatedly reminded is not within our domain? Consider this in all seriousness and see what can be done.... We dont want to take even one step in a direction where we dont have the power to go."

The plea has been filed by the Petitioner, as "public spirited citizen". He claims that the prayers are not adversarial and are merely meant to make our society happier and healthier. The court has directed all respondents to file their response 

The matter has been put up for November 15. 

Cause Title:- Ashwini Kumar Upadhyaya v Union of India (WP(C) 7652/2022)