PETITIONER: M.C.Mehta
RESPONDENT: Union of India &
Ors.
DATE OF JUDGMENT: 18/12/2003
BENCH: N.Santosh Hegde &
B.P.Singh
JUDGMENT: SANTOSH HEGDE,
All the
respondents have filed their response
indicating the steps taken by them in implementing the
orders of this Court.
Shri
M.C.Mehta, Petitioner-in-person requested the
Court to first consider the steps taken by the
respondents-
States in regard to the 4th direction issued by this
Court as
per its order dated 22nd November, 1991 and consider
other
directions separately on any other subsequent date.
The
direction No.4 issued by this Court reads thus:
"We
accept on principle that through
the medium of
education awareness of the
environment
and its problems related to
pollution
should be taught as a compulsory
subject.
Learned Attorney General pointed
out to us
that the Central Government is
associated
with education at the higher
levels and
University Grants Commission
can monitor
only the under graduate and
post graduate
studies. The rest of it,
according to
him, is a state subject. He has
agreed that
the University Grants
Commission
will take appropriate steps
immediately
to give effect to what we have
said, i.e.
requiring the Universities to
prescribe a
course on environment. They
would
consider the feasibility of making this
a compulsory
subject at every level in
college
education. So far as education upto
the college
level is concerned, we would
require every
State Government and every
Education
Board connected with education
upto the
matriculation stage or even
intermediate
colleges to immediately take
steps to
enforce compulsory education on
environment
in a graded way. This should
be so done
that in the next academic year
there would
be compliance with this
It is
seen that as per this direction this Court has
directed the respondents-States and other authorities
to
create environmental awareness amongst the students
through the medium of education. Accepting the
suggestion
made by the then Attorney General, this Court required
the
State Governments and other authorities connected with
the
education to introduce compulsory education on
environment upto matriculation stage or even in
intermediate stage in a graded way. Though belatedly,
we
notice from the replies filed by the respondents, some
steps
have been taken by the States and other authorities
concerned to comply with the said directions issued by
this
Court.
However,
Shri M.C.Mehta contends that the steps
taken by the various States and other authorities are
insufficient and not in conformity with the spirit and
object
of the above order of this Court. He submitted that
the States
and other authorities concerned should prescribe a
suitable
syllabus by way of a subject on environmental
awareness,
not only in the primary level of education but also in
the
higher courses leading upto even post graduate level.
He
submits that the University Grants Commission, NCERT
and AICTE who are some of the apex bodies in
prescribing
and controlling educational standards should be
directed to
work out a proper syllabus to be taught at different
levels
uniformly all over the country. In the absence of such
uniform prescribed syllabus in the educational
institutions in
various States, different institutions are adopting
different
methods some of which are only basic which do not fulfill
the requirements OF THE directions issued by this
Court.
Having
heard the learned counsel for the parties and
bearing in mind the burden that may be imposed on the
students by introducing an additional subject, we
think for
the present the steps taken by the respondents as
indicated in
their affidavits could be accepted pending further
consideration in this regard. However, to make sure
that
these steps taken by the concerned states are
implemented
without fail, we direct all the respondents-States and
other
authorities concerned to take steps to see that all
educational
institutions under their control implement respective
steps
taken by them and as reflected in their affidavits
fully,
starting from the next academic year, viz., 2004-2005
atleast, if not already implemented. The authorities
so
concerned shall duly supervise such implementation in
every
educational institutions and non-compliance of the same by
any of the institution should be treated as a
disobedience
calling for instituting disciplinary action against
such
institutions.
This
acceptance of an interim arrangement, however,
will not prevent the respondents-State and other
authorities
from drawing up or of taking further steps to more
effectively fulfil the objects of the directions
issued by this
Court earlier.
We also
direct the NCERT which is a respondent
herein to prepare a module syllabus to be taught at
different
grades and submit the same to this Court by the next
date of
hearing so that we can consider the feasibility to
introduce
such syllabus uniformly throughout the country at
different
grades.
List
this matter for further orders on 14th April, 2004.
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