IMPORTANT POINT
The State can impose reasonable regulations on the institutions covering Article 30 of the Constitution of India for protecting the larger interest of the State and nation.

JUDGMENT

Rajendra Babu, CJI.-Writ Petition (Civil) No. 132 of 1995

This petition stems from a policy decision made by Maharashtra State Government whereby Marathi language study was made compulsory throughout the schools in that State. As a result, the English Medium Schools run by Gujarati linguistic minorities were compelled to teach four languages (Hindi, English, Marathi and mother tongue-Gujarati) as against the accepted three-language formula . Constitutional validity of the imposition of Marathi language as a compulsory study in schools run by linguistic minorities is the main matter for judgment in this case.

2. Petitioner s case is that the imposition of compulsory Marathi is in violation of the fundamental right of the linguistic minority to establish an educational institution of their choice under Article 30(1) of the Constitution; that the choice is meant to achieve not only the purpose of conserving the minority s mother tongue, language etc. but also giving their children a good general education; that the minority, in furtherance of their fundamental right under Article 29(1) read with Article 30(1) of the Constitution has a choice to teach the other subjects (Maths, Science etc.) through such medium-mother tongue, Hindi or English - as commends to it and correspondingly a negative choice not to teach such subjects in any such medium that does not commend to its perception of good general education; that the imposition of regional language is violative of the minority right to conserve its own language, script and culture and it has no constitutional duty or obligation to learn or promote the regional language; that the minority has a right and choice to avoid the regional language if it feels that the same might conflict with their conservation of mother tongue and/or promotion or learning of Hindi and English by its students; that the only power of State vis-a-vis a minority educational institution is to make reasonable regulations to prevent its maladministration; that not even national or public interest or any State necessity can justify or legitimize any encroachment on the fundamental rights of a minority guaranteed under Article 30(1); that in the matter of syllabi meant for an educational institution belonging to a linguistic minority, the State may have a power to make regulations for determining the Standards of education in so far as both the languages and the other general subjects are concerned, but the State does not have the power to interfere with the language or languages that a linguistic minority has chosen to conserve, learn, teach and promote either as languages themselves or as the medium for other general subjects; that under the impugned syllabus circulated by the Board, the pattern of language studies is radically altered so as to impose Marathi as a compulsory subject upon non-Marathi speaking students studying in English medium schools and in the process, the study and imparting education in the mother tongue is effectively sacrificed; that the students studying in recognized English medium schools shall not be deprived of their right to take a paper of 100 marks in their mother tongue and of studying national language (Hindi); that the imposition of Marathi as a compulsory language is also violative of Article 19(1)(a) as well as of Articles 19(1)(e), (g) and 21 of the Constitution and is also contrary to the constitutional scheme and rights envisaged in the various provisions of Part XVII and Articles 120 and 210 of the Constitution; that the impugned educational policy also prevents them from performing the fundamental duties under Article 51A of the Constitution in general and clauses (c), (e), (f), (h) and (j), thereof, in particular; that the impugned policy fails to take into account the linguistic structure and cosmopolitan character of Bombay region of Maharashtra state, which for historical reasons stands on a different footing; that the impugned education policy of