Former MP Moves Supreme Court Against CBSE's 3-Language Mandate For Class IX

Dr. Fauzia Khan, former Member of Parliament from Parbhani Constituency, Maharashtra and a former Minister of State in the Government of Maharashtra has moved Supreme Court of India to intervene in a pending Writ Petition challenging the CBSE Circular which mandates the compulsory study of three languages — R1, R2, and R3, in Class IX.

As the founder-administrator of CBSE affiliated schools, Khan is institutionally affected by the Impugned Circular and by the outcome of the present proceedings, the application filed by AOR Rahul Shyam Bhandari states.

Khan submits that she possesses unparalleled combination of legislative experience, experience in school education, institution-building in CBSE-affiliated schools, and grassroots engagement with minority communities positions her to assist the Court on the constitutional, educational, and policy dimensions of the present case. Her intervention is not motivated by any private, personal, or pecuniary interest but by the genuine and demonstrable public interest that she has served throughout her career.

On May 27, the Supreme Court had issued notice in a plea seeking to quash the Circular issued on May 15, 2026 by the Central Board of Secondary Education (CBSE), which stipulates the study of three languages, R1, R2, and R3, shall be compulsory for all students in Class IX. As per the Circular, at least two of the three must be native Indian languages, whilst foreign languages are relegated to the position of R3 only where both R1 and R2 are native Indian languages, or alternatively as an additional fourth language. This has been challenged on the ground that it unconstitutional, arbitrary, and ultra vires Articles 14, 19, 21, and 21A of the Constitution of India.

A bench comprising CJI Surya Kant, Justice Bagchi and Justice Pancholi had issued notice in the plea seeking a response. "In the opening week we will hear this case first on one day and decide it. When you learn more languages it strengthens federal structure..," the CJI had observed. "There are Constitutional issues of federalism and of choices..language is a matter of choice.," Senior Advocate Kapil Sibal told the bench. Senior Advocate Mukul Rohatgi appeared for the petitioners. ASG Aishwarya Bhati was present for CBSE.

The Impugned Circular states that Class IX students shall use Class VI R3 textbooks as the primary pedagogical resource until dedicated secondary-stage textbooks are made available. It also provides that, in the absence of a qualified teaching staff proficient in the regional languages, the schools may, as an “interim arrangement,” engage teachers of other subjects possessing mere “functional proficiency” to teach R3 and that all R3 assessments shall be entirely school-based and internal, with no Board Examination required at this stage at the Class X level, though R3 performance shall be reflected in the CBSE certificate; and schools are directed to update R3 offerings on the OASIS portal by June 30, 2026.

As per the writ petitioners, the Impugned Circular is rendered egregious due to its direct and irreconcilable contradiction of the CBSE's own Notification issued merely thirty-six days earlier, which in categorical and unambiguous terms declared that "R3 [is] not applicable till the academic session 2029-30 at the class IX level."

"Students, parents, foreign language teachers, and schools had arranged their academic affairs in express reliance upon that solemn official Circular and Notification dated 01.04.2026 and 09.04.2026, respectively. By the time, the Impugned Circular was issued on 15.05.2026, the academic session 2026-27 had already commenced; language allocations had been made; unit tests had been conducted and timetables had been finalised. The Impugned Circular, requiring compliance within barely six weeks, is causing immediate, material, and in many cases irreversible harm to thousands of students enrolled in Class IX across India, including the right to livelihood of many teachers proficient in the foreign language, who are now being asked to leave to make way for the teachers proficient in the regional language," the plea argues.

Court has been told that the Impugned Circular further violates Article 21A of the Constitution, which guarantees the right to free and compulsory education as mandating a compulsory subject without textbooks, trained teachers, or an assessment framework does not amount to quality education. "Directing Class IX students to use Class VI textbooks, and permitting subject-matter teachers with mere “functional proficiency” to impart language instruction, are precisely the kinds of qualitative compromises that this Hon'ble Court held to be constitutionally impermissible in Devesh Sharma", the petition states.

Students are, court has been told, being subjected to avoidable academic stress and disruption at a critical stage of their preparation for Board Examinations; and the foreclosure of established educational choices by a sub-statutory circular of CBSE, without the sanction of any valid law, which squarely infracts the right to life and personal liberty.

Also, it has been submitted that by structurally displacing foreign languages from the mainstream three-language curriculum without any statutory backing, reasonable justification, or transitional safeguard, the Impugned Circular renders thousands of foreign language teachers, holding internationally recognised qualifications from institutions such as the Alliance Francaise, the Goethe-Institut, and the Instituto Cervantes, immediately redundant. The Circular is thus said to be violative of Article 19(1)(g) of the Constitution, which guarantees the right to practise a profession, and the freedom of choice of students to pursue a language of their own choice as against a compulsion.

Case Title: YASHICA BHANDARI JAIN & ORS. vs. UNION OF INDIA & ORS.
AND IN THE MATTER OF: DR. FAUZIA KHAN …APPLICANT/INTERVENOR