Citations: Santosh Kumar and Others Vs. The Secretary, Ministry of Human Resources Development and Others, 1995, MANU/SC/0060/1995
Date of Judgment: 04.10.1994
Equivalent Citations: AIR 1995 SC 293, JT 1994 (6) SC 454, 1995 (1) PLJR 35, 1994 (4) SCALE 391, (1994) 6 SCC 579.
Case No.: 299 of 1989
Case Type: Writ Petition
Petitioner: Santosh Kumar and Others.
Defendant: The Secretary, Ministry of Human Resources Development and Others.
Bench:
- Hon’ble Justice Kuldip Singh
- Hon’ble Justice B.L. Hansaria.
Court: The Supreme Court of India
Statues referred:
- The Constitution of India, 1950; Article 351.
Cases referred:
- S.R. Bommai Vs. Union of India
Facts:
- A writ petition was filed challenging the teaching of the Sanskrit language as an elective subject in the syllabus of the Central Board of Secondary Education as against principle of secularism embodied under COI.
Issues involved:
- Does teaching of Sanskrit as elective subject against secularism?
Contention of Petitioner:
The Counsels for the Petitioner contended that:
- The inclusion of Sanskrit as an elective subject in Secondary schools would go against the principle of secularism.
- If Sanskrit were to be included as an elective subject, Arabic and Persian shall also be a option to study.
Contention of Respondent:
The Counsels for the Respondents contended that:
- Learning of Sanskrit is important to understand the cultural heritage of the land. It is impossible to grasp the essence of Indian philosophy that drives our culture and heritage without learning Sanskrit first.
Judgment:
Supreme Court held teaching of Sanskrit language as an elective subject is not against principle of secularism.
Ratio decidendi:
- Sanskrit is important for nurturing our cultural heritage, which was even highlighted while drafting the official education policy.
- Promoting Sanskrit as an language, in line with Article 351 of the Constitution of India and the Eighth Schedule, does not contradict secularism.
Obiter dicta:
N/A
Conclusion:
In Conclusion, the case of Santosh Kumar And Others vs. The Secretary, Ministry Of Human highlighted the cultural and educational importance of Sanskrit in India. It emphasized the need to preserve and promote the language and its role in fostering national unity and culture. it underscored the cultural significance of Sanskrit, its role in education policy, and how promoting Sanskrit aligns with the principles of secularism and the Constitution. It ultimately mandates the inclusion of Sanskrit as an elective subject in the CBSE syllabus.
Drafted By : Devanshi Saxena, Manipal University, Jaipur
Edited By: Bharti Verma, Associate Editor at Law Insider
Published on: October 13, 2023 at 10:52 IST
