2014 Supreme(SC) 389

SUPREME COURT OF INDIA
R.M. LODHA, CJI., A.K. PATNAIK, SUDHANSU JYOTI MUKHOPADHAYA, DIPAK MISRA, FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.
State of Karnataka & Others – Appellants
Versus
Associated Management of (Government Recognised – Unaided – English Medium) Primary & Secondary Schools & Others – Respondents
Civil Appeal Nos. 5166-5190 of 2013 With Writ Petition (C) No.290 of 2009, Civil Appeal Nos.5191-5199 of 2013 & Civil Appeal No. 5090 of 2014 (Arising out of S.L.P. (C) No.32858 of 2013)
Decided On : 06-05-2014

IMPORTANT POINTS
A child and the parents have right to chose mother tongue of the child.
A language cannot be imposed as mother tongue as stipulation for recognition.
Government recognized schools will include not only government aided schools but also unaided schools which have been granted recognition.

Headnote:(a) Interpretation of statutes – Constitution – Constitution is not just an ordinary Act which the court has to interpret for the purpose of declaring the law – It is a mechanism under which the laws are to be made – This has to be borne in mind while interpreting Constitution although the principles of interpretation will remain the same as for any other law. (Para 24)

       AIR 1950 SC 27 – Relied upon

       (b) Constitution of India – Article 350A – Mother tongue – Means the mother tongue or language of the linguistic minority group in a particular State – It is parent or guardian of child who will decide mother tongue of child – Constitution nowhere provides that mother tongue is the language which the child is comfortable with. (Para 25, 26)

       (c) Constitution of India – Article 19(1) – Freedom of expression – Very liberal interpretation given by Courts, consistently – Includes right of a child or on his behalf his parent or guardian, to choose the medium of instruction at the stage of primary school – Subject to reasonable restrictions under Article 19(2). (Para 30, 31, 32)

       AIR 1950 SC 124; AIR 1962 SC 305; (1972)2 SCC 788; (1988) 3 SCC 410; (1995) 2 SCC 161 – Relied upon

       1969 (2) SCR 73; (1974) 1 SCC 717; (2005) 6 SCC 537 – Referred

       (d) Constitution of India – Article 19(1)(a) r/w Article 21 And 21A – A child, and on his behalf his parent or guardian, has the right to choose the medium of instruction at the primary school stage under Article 19(1)(a) – Not under Article 21 or Article 21A. (Para 33)

       (e) Constitution of India – Article 19, 29(1) and 30(1) – “Choice” of the minority community under Article 30(1) need not be limited to imparting education in the language of the minority community. (Para 37)

       (1971) 2 SCC 269; 1959 SCR 995 – Relied upon

       (2004) 6 SCC 264 – Referred

       (f) Constitution of India – Article 19(1)(g) – Right to establish and administer an educational institution will include the right of a citizen to establish a school for imparting education in a medium of instruction of his choice – A private unaided non-minority school not enjoying the protection of Articles 29(1) and 30(1) can choose a medium of instruction for imparting education to the children in the school. (Para 38)

       (2002) 8 SCC 481 – Relied upon

       (g) Constitution of India – Articles 19, 29 and 30 – State has power to adopt reasonable regulatory measures over private schools under Articles 19 or 30(1) by making law or by issuing executive order – Such power includes prescribing medium of instruction, but subject to Article 19(1)(a) and 19(1)(g) – Schools protected under Articles 29(1) and 30(1) – State cannot stipulate as a condition for recognition that the medium of instruction for children studying in classes I to IV would be the mother tongue of the children – Imposition of mother tongue affects the fundamental rights under Articles 19, 29 and 30 of the Constitution. (Para 39, 40, 42)

       (1994) 1 SCC 550, AIR 1963 SC 703; AIR 1954 SC 561 – Referred

       (h) Education law – Establishment, recognition and affiliation of schools – Distinct and different – All schools require recognition to be granted in accordance of the provisions of the appropriate Act or Government order – Government recognized schools will include not only government aided schools but also unaided schools which have been granted recognition. (Para 43)

       (1993) 1 SCC 645, (2002) 8 SCC 481 – Relied upon

       (i) Constitution of India – Article 350A r/e Article 30(1) – Linguistic minorities having right under Article 30(1) to chose their medium of instruction – Therefore State cannot, under Article 350A, compel linguistic minorities to choose their mother tongue only as a medium of instruction in primary schools. (Para 44)

       

       Facts of the case:

       Government of Karnataka issued an order dated 29.04.1994 regarding the language policy to be followed in primary and high schools with effect from the academic year 1994-1995.

       Thus, these clauses of the Government order dated 29.04.1994 provided that medium of instruction should be mother tongue or Kannada with effect from the academic year 1994-1995 in all Government recognized schools in classes I to IV and the students can be permitted to change over to English or any other language as medium of their choice from class V. The Government Order dated 29.04.1994, however, clarified that permission can be granted to only those students whose mother tongue is English, to study in English medium in classes I to IV in existing recognized English medium schools.

       Aggrieved, the Associated Management of Primary and Secondary Schools in Karnataka filed Writ Petition and contended that the impugned clauses of the order dated 29.04.1994 of the Government of Karnataka are ultra vires the Constitution.

       The High Court allowed the writ petitions and quashed clauses 2, 3, 6 and 8 of the Government order dated 29.04.1994 in their application to schools other than schools run or aided by the Government but upheld rest of the Government order dated 29.04.1994.

       Finding of the court:

       A child and the parents have right to chose mother tongue of the child.

       A language cannot be imposed as mother tongue as stipulation for recognition.

       Government recognized schools will include not only government aided schools but also unaided schools which have been granted recognition.