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2008 Supreme(Kar) 414

CYRIAC JOSEPH, MANJULA CHELLUR, N.KUMAR
Associated Managements of Primary and Secondary Schools in Karnataka – Appellant
Versus
The State of Karnataka by its Secretary, Department of Education – Respondent


.

(AE) Hindu Minority and Guardianship Act, 1956 – Section 13 – State’s role – When a child is taken care of, State has no role to play.

(AF) Karnataka Education Act, 1983 - Sections 25 and 145 - Kannada as medium of instruction - Prescription as to - Nature of.

Held: All these provisions empower the Government to specify the medium of instruction in primary school. It does not empower the Government to compel the students to study in a particular medium of instruction. If such compulsion were to be read into these provisions, it would be violative of fundamental right. The legislature has not expressly conferred such power. We cannot by implication confer such power. It is well settled that all these provisions have to be interpreted keeping in mind the fundamental rights guaranteed to the citizens of this Country and if two interpretations are possible, it is that interpretation which would advance the cause of justice and avoid the legislative Act being declared as unconstitutional is to be preferred. A harmonious interpretation would indicate that the State has been conferred the power to specify medium of instruction in primary school so as not to offend the fundamental right gu























































































































































































































































































































































































































































































































































































































































































































































































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