In an interim relief to the state government, the Gujarat High Court Monday refused to stay a resolution issued by the education department mandating the learning of Bhagavad Gita in schools. The bench, however, issued a notice to the state government on a public interest litigation challenging the resolution. The bench also refused the petitioners’ request for an earlier hearing date and sought a reply from the government to its notice by August 18 The education department had, on March 17, issued a resolution that mandated Gita for the students of Classes 6 to 12 from the academic year 2022-23. The PIL was filed by Jamiat Ulama-e-Hind Gujarat and Jamiat Ulama Welfare Trust challenging the government’s resolution on grounds of it being contrary to the National Education Policy (NEP) 2020 and sought the resolution be declared unconstitutional. The plea also questioned if the state has the jurisdiction to give a diktat to this effect when the curriculum and syllabus is to be prescribed by other statutory bodies such as the Gujarat Council of Educational Research and Training (GCERT) and the Gujarat Secondary and Higher Secondary Education Board (GSHSEB). Senior advocate Mihir Joshi, who appeared for the petitioners, argued that the resolution is contrary to Articles 25, 28 and 51A (f) of the Constitution. While Article 25 refers to ‘Freedom of conscience and free profession, practice and propagation of religion’, Article 28 states that no religious instruction shall be provided in any educational institution wholly maintained out of state funds. Article 51A (f), under the fundamental duties, upholds "to value and preserve the rich heritage of our composite culture". “(The) issue is whether one holy book can be prescribed in this manner. The question is whether it should be just one religious book, to give primacy to the book of one religion for values and principles of Indian culture when it has to be composite. Indian culture is a vast array of what it comprises," Joshi submitted before the bench of Chief Justice Aravind Kumar and Justice AJ Shastri. In response, CJ Kumar remarked that the education department has not said "not to include any others". Requesting an interim stay on the operation of the resolution, Joshi said, “.the NEP has taken into account everything and the principles and philosophies with tales of Panchatantra, etc. No religious book is touched upon in the NEP and it could not be. As far as the curriculum and jurisdiction aspect is concerned, the Right To Education Act says there is a statutory organisation that will frame the curriculum and recommend it to the state government." The bench, however, said it will only consider such prayers once the government’s affidavit responding to such contentions are on the court’s record.
