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2020 Supreme(AP) 101
IN THE HIGH COURT OF ANDHRA PRADESH, AMARAVATI
J.K. Maheshwari, Ninala Jayasurya, JJ.
Dr. Srinivas Guntupalli, S/o Sambasiva Rao - Petitioner
Versus
The State of Andhra Pradesh & Ors. - Respondents
Writ Petition (Pil) No.183, 185 of 2019
Decided On : 15-04-2020
For the Petitioner: Sri. Karumanchi Indraneel Babu
For the Respondent:The Advocate General, Sri. B.Krishna Mohan, ASG., Sri, N. Subba Rao, Sri. G.V. Shivaji, Sri. Dr. S. Chellappa
Point of Law: freedom of speech and expression will include the right of a child to be educated in the medium of instruction of his choice, the only permissible limits of this right will be those covered under clause (2) of Article 19 of the Constitution and we cannot exclude such right of a child from the right to freedom of speech and expression only for the reason that the State will have no power to impose reasonable restrictions on this right of the child for purposes other than those mentioned in Article 19(2) of the Constitution
Headnote:
Constitution of India - Article 19 (1) (a) - Writ Petition (PIL) has been filed assailing G.O.Ms.No.85, School Education (Prog.I) Department, as well as G.O.Ms.No.81, School Education (Prog.I) Department, , issued on the proposal of the Commissioner of School Education, vide Lr.Rc.No.162/A & I/2014, dated 12.10.2019. The subsequent G.O.Ms.No.85 supersedes the previous G.O.Ms.No.81; therefore, in sum and substance, G.O.Ms.No.85 is under challenge in this petition; the said G.O. – Held, looking to the history of pre-independence and post-independence and as per the recommendations of the Report of the States Reorganisation Commission, 1955 and the National Policy on Education Act, 1968 and various other Reports, it is unequivocally recognised that medium of instruction in the schools, particularly, upto to standards I to VIII must be in mother tongue. The effect of the National Policy on Education, 1968 and other Reports cannot be whittled down by way of issuing G.O., by the State Government, contrary to the spirit of the RTE Act and also to the provisions of the Constitution and also by the judgments of the Hon’ble Supreme Court. Therefore, the decision of the Government, converting the medium of instruction from Telugu to English medium from Standards I to VI or I to VIII as the case may be, en-bloc, is against the National Policy, on Education Act, 1968 and various other reports, therefore, it cannot be accepted, hence, the impugned G.O, is deserves to be set aside – W.P. (PILs.) are allowed
Facts of the Case:
G.O., the Government accepted the proposal of the Commissioner, School Education to convert all classes from I to VI in primary, upper primary, high schools under all managements into English medium from the academic year 2020-21 and to gradually increase each class further from the next consequent academic year in super session of the previous G.Os., referred therein. It is said, Telugu and Urdu shall be a compulsory subject depending on the current medium of instruction in all the schools. The Government sought compliance from the Commissioner, School Education to deploy the required teachers as per the staffing pattern, maintaining pupil-teacher ratio in the English medium. The State Council for Educational Research and Training (in short ‘SCERT’) was directed to take necessary action for designing and developing teacher handbooks, training of teachers in English medium teaching skills and knowledge, compendium of best classroom practices and other pedagogical material for supporting the teachers to be skilled in English Medium teaching.
Finding of the Court:
looking to the history of pre-independence and post-independence and as per the recommendations of the Report of the States Reorganisation Commission, 1955 and the National Policy on Education Act, 1968 and various other Reports, it is unequivocally recognised that medium of instruction in the schools, particularly, upto to standards I to VIII must be in mother tongue. The effect of the National Policy on Education, 1968 and other Reports cannot be whittled down by way of issuing G.O., by the State Government, contrary to the spirit of the RTE Act and also to the provisions of the Constitution and also by the judgments of the Hon’ble Supreme Court. Therefore, the decision of the Government, converting the medium of instruction from Telugu to English medium from Standards I to VI or I to VIII as the case may be, en-bloc, is against the National Policy, on Education Act, 1968 and various other reports, therefore, it cannot be accepted, hence, the impugned G.O, is deserves to be set aside
Result: W.P. (PILs.) are allowed
ORDER :
J.K. Maheshwari, J.
Writ Petition (PIL) No.183 of 2019 has been filed assailing G.O.Ms.No.85, School Education (Prog.I) Department, dated 20.11.2019 as well as G.O.Ms.No.81, School Education (Prog.I) Department, dated 05.11.2019, issued on the proposal of the Commissioner of School Education, vide Lr.Rc.No.162/A & I/2014, dated 12.10.2019. The subsequent G.O.Ms.No.85 supersedes the previous G.O.Ms.No.81; therefore, in sum and substance, G.O.Ms.No.85 is under challenge in this petition; the said G.O., is relevant, however, extracted as under:
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2. By the said G.O., the Government accepted the proposal of the Commissioner, School Education to convert all classes from I to VI in primary, upper primary, high schools under all managements into English medium from the academic year 2020-21 and to gradually increase each class further from the next consequent academic year in super session of the previous G.Os., referred therein. It is said, Telugu and Urdu shall be a compulsory subject depending on the current medium of instruction in all the schools. The Government sought compliance from the Commissioner, School Education to deploy the required teachers as per the staffing pattern, maintaining pupil-teacher ratio in the English medium. The State Council for Educational Research and Training (in short ‘SCERT’) was directed to take necessary action for designing and developing teacher handbooks, training of teachers in English medium teaching skills and knowledge, compendium of best classroom practices and other pedagogical material for supporting the teachers to be skilled in English Medium teaching. The SCERT in coordination with the Commissioner of School Education is further directed to take up online assessment of the proficiency level of the teachers in English medium and to enhance the skills of the teachers with extensive training programmes by giving repeated trainings. Action shall be taken for reviving the English Language Teaching Centers & District English Centers (DECs) and relocating them in District Institutes for Education & Training (DIETs). The Director, Text Book Press is directed to take action to obtain correct indents and ensure supply of English Medium Text Books to the Schools as per student enrolment for classes I to VI well before the starting of the academic year. In view of conversion of all the schools, the requirement of the teachers may be informed to the Government through the Commissioner, School Education for their recruitment with the qualified candidates having the best proficiency in English medium teaching. In brief, the said directions are three-fold:
(i) conversion of classes from I to VI in primary, upper primary and high schools under all managements into English medium and gradually increase each further class from next consequent academic year;
(ii) for enhancing the skills of the present deployed teachers, by developing Teachers’ Hand Book, Training of Teachers in English medium teaching skills and knowledge, Compendium of best classroom practices and other pedagogical material for supporting the teachers and to submit proposals for recruitment of teachers for filling up of the posts and;
(iii) the Director, Text Book Press to obtain consent, indent and ensure the supply of English medium text books in the next academic year.
3. Counsel for the petitioner Sri Karumanchi Indraneel Babu has challenged the said G.O., based on the data available on the website of the Commissioner of School Education, showing the strength of students of primary schools in Telugu medium, English medium, Telugu & English (parallel) compared with the number of students opted for admission in the three categories. It is urged that as per the notification issued by the Government vide G.O.Ms.No.78, dated 05.10.2017 (Reference No.4 in the impugned G.O.), parallel English medium classes are going on. As per the datas at the time of issuance of the impugned notifications, the number of admissions in Telugu medium
