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CASE NO.: Writ Petition (civil)  860 of 1991

PETITIONER: M.C.Mehta                                                        

RESPONDENT: Union of India & Ors.                                    

DATE OF JUDGMENT: 18/12/2003

BENCH: N.Santosh Hegde & B.P.Singh          

JUDGMENT: J U D G M E N T

SANTOSH HEGDE,J.

       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  requirement."  

         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

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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 fulfil  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.