The Hindu : Front Page : Private schools free to choose medium of instruction

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Private schools free to choose medium of instruction

Staff Reporter

‘Article 19 (1) (g) includes right to choose medium of study’

Full Bench of the High Court passed the order
The Government policy was introduced in 1994

BANGALORE: The Karnataka High Court on Wednesday held that private and unaided schools within the “geographical boundaries of the State” could not be compelled to impart primary education to students only in their mother tongue or in the regional language (in this case Kannada).

A Full Bench comprising Chief Justice Cyriac Joseph, Justice Manjula Chellur and Justice N. Kumar passed the order on petitions by Associated Managements of Government Recognised Unaided English Medium Primary and Secondary Schools Association and educational institutions and others challenging the April 29, 1994 language policy.

The policy states that in the primary school (1st standard to 4th standard), the medium of instruction shall be one in the mother tongue of the child or in Kannada. The policy recognises eight languages as mother tongue — Kannada, Tamil, Telugu, Malayalam, Marathi, Hindi, Urdu and English.

Policy challenged

Several Benches were constituted over the years to look into the validity of policy which was challenged in the year of its introduction itself.

It was only last year that the Full Bench took up the issue and held marathon sittings spread over several weeks. Several pro-Kannada organisations, the Kannada Development Authority, the Kannada Sahitya Parishat, litterateurs and the Government defended the policy, while the association and many schools termed it an infringement on the fundamental right of the children.

Writing the 319-page judgment on behalf of the Bench, Mr. Kumar said: “Right to education is a fundamental right and Article 21 A of the Constitution guarantees to all children from the age of six to 14, the right to choose a medium of instruction. Moreover, the Right to Freedom of Speech and Expression includes the right to choose the medium of instruction.”

The Bench held that “imparting education is an occupation, and, therefore, the right to carry on any occupation includes the right to establish and administer an educational institution of one’s choice.”

It held as valid the Government policy introducing Kannada as first language for children whose mother tongue is Kannada.

The Bench also agreed with the State that all children whose mother tongue is not Kannada shall study Kannada as one of the subjects.

It also termed as valid the policy to have mother tongue (of the child) or regional language as the medium of instruction at the primary school level in institutions run or aided by the State.

The court, however, termed the Government policy as violative of Article 19 (1) (g), 26 and 30 (1) of the Constitution.

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