National Anthem must in private schools: High Court

The First Bench, comprising Chief Justice Sanjay Kishan Kaul and Justice MM Sundresh, disposing of a PIL filed by an ex-serviceman N Selvathirumal also asked the Central and State Departments of Secondary Education and the Union Human Resources Department to verify the singing of national anthem in schools, so as to turn into reality what remains on paper as of now. 

Selvathirumal in his petition had alleged that various schools in Tamil Nadu, especially private institutions are not playing the national anthem while Central Government schools such as Kendriya Vidyalaya and all the State Government schools are singing national anthem during morning assembly. 

The petitioner also noting that there was no rule in the affiliation bye-laws or any other circulars of the Central Board of Secondary Education that mandated the playing of the National Anthem, said “however, in pursuance to an RTI reply, I was informed that the Union Government has issued an advisory to all the schools  in the country that the day’s work should begin with community singing of the National Anthem and that adequate provisions should be made in the programmes for popularising the singing of the Anthem and promoting respect for the National Flag.” 

The Central Board of Secondary Education (CBSE) in its counter also stated that a circular was issued on November 10, 2015, listing out 10 principles for CBSE schools to follow. Of them, the second one entailed to the singing of National Anthem with decorum, while the first one was about abiding by the Constitution and respect its ideals and institutions, the National Flag and National Anthem. 

The first bench, which recorded all the above in its order, also said “we will expect that keeping in mind the mandate of the Constitution of India, the respect for the National Anthem and the National Flag, the circulars issued by the Central Board of Secondary Education and other authorities concerned, the singing of the National Anthem will be taking place in various institutions.”