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Synopsis

The Delhi High Court, on Monday, addressed a public interest litigation (PIL) filed by Advocate Ashwini Kumar Upadhyay, seeking the inclusion of Health and Yoga Science as a mandatory subject in the curriculum for students up to the 8th standard. 

The petition emphasized the importance of such education for the overall development of children, including the enhancement of their physical and mental well-being, in line with Section 29 of the Right to Education (RTE) Act, 2009.

The court observed that the matter falls within the domain of policy-making and should be handled by experts in the field of education. The petition contended that the Right to Education, guaranteed under Article 21A of the Indian Constitution, should imply the Right to Holistic Integrated Equal Quality Education. 

However, the court raised concerns about the lack of a universally accepted definition for terms like "holistic" and "quality education", and questioned whether such issues could be adjudicated by the Court.

The court noted that different experts may have varying interpretations of "holistic" education, emphasizing that these concepts are subjective and should be deliberated by those with expertise in the educational field. 

In response to the PIL's request for a mandamus, directing the inclusion of Yoga in the curriculum, the court emphasized the need for a statutory right to support such a direction. The court stated that a mandamus could only be issued if there was a clear legal obligation, which was not evident in this case. It also highlighted that the issue was one for policymakers and experts, not for the judiciary to resolve.

The court ordered the Delhi Government to file a response within four weeks and asked the petitioner to file a rejoinder if necessary. The court listed the matter for April 9, 2025.

For Respondents: Standing Counsel Santosh Kumar Tripathi with Advocate Rishabh Srivastava
Case Title: Ashwini Kumar Upadhyay v Union Of India (W.P.(C)-7652/2022)