Parents, teachers move SC against CBSE’s 3-language mandate for Class 9

A Public Interest Litigation (PIL) has been filed in the Supreme Court challenging the decision of the Central Board of Secondary Education (CBSE) to make a third language compulsory for Class 9 and 10 students from the 2026-27 academic year.

Chief Justice of India Surya Kant agreed to list the petition next week after Senior Advocate Mukul Rohatgi made an oral request for an urgent hearing. "This is a petition by students, teachers and parents across the nation challenging the new CBSE policy...by which in 9th standard, 2 more languages have been made compulsory...how can a student of class 9 take a new language and give an exam in 10th? This will create chaos...please take up on Monday," Rohatgi submitted.

The petition, filed under Article 32 of the Constitution, has been moved by a group of 19 petitioners, including parents and teachers from Delhi, Gurugram, Noida and Chennai. The respondents in the case are the Union of India, CBSE and the National Council of Educational Research and Training (NCERT). The plea challenges CBSE Circular No. Acad-33/2026 dated May 15, 2026.

According to the petition, the circular mandates that from July 1, 2026, Class 9 students must study three languages, R1, R2 and R3, with at least two being native Indian languages. Students opting for a foreign language may study it only as the third language if the other two are Indian languages, or alternatively as an additional fourth language.

The petitioners argued that the move marks a sharp reversal of CBSE’s earlier position communicated on April 9, 2026, when the board had clarified that the third-language requirement would not apply to Class 9 students until the 2029-30 academic session. They contended that schools, students and parents had planned the academic year based on that assurance, and that the sudden policy shift weeks before implementation had caused uncertainty and disruption.

The plea alleged that the policy violates Article 14 on grounds of “manifest arbitrariness”, stating that the circular enforces the mandate despite acknowledged shortages of trained teachers and dedicated textbooks. It pointed out that the circular itself allows interim measures such as using teachers from other subjects with “functional proficiency” and relying on Class 6 textbooks supplemented with local materials for Class 9 students.

The petition further invoked Article 21A, arguing that free and meaningful education cannot be reduced to imposing a compulsory subject without adequate infrastructure, qualified teachers or a proper pedagogical framework. It also contended that students who have studied foreign languages such as French or German for several years would face academic stress and disruption if forced to abruptly change courses.

The plea additionally alleged violation of Article 19(1)(g), arguing that foreign language teachers and institutions offering internationally recognised language instruction could be adversely affected if foreign languages are effectively displaced from the mainstream three-language structure.

The petitioners further argued that the circular runs contrary to the National Education Policy 2020, which emphasises flexibility and states that no language should be imposed on any state or student. They also cited the National Curriculum Framework for School Education, 2023, along with CBSE’s earlier notifications, to argue that the revised mandate is inconsistent with the phased implementation framework previously announced.

Referring to media reports and representations submitted by parents, the plea claimed that the move has created confusion among schools and families. It cited at least one school communication implementing the revised structure, offering Hindi, Sanskrit and French as language options for Grade 9.

The petition seeks quashing of the May 15 CBSE circular, restoration of the April 9 notification deferring compulsory implementation for Class 9 students until 2029-30, and interim protection against enforcement of the revised policy for existing students.
(With LiveLaw inputs)