State of Karnataka vs Associated Management of (Government Recognised – Unaided – English Medium) Primary & Secondary Schools

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(Raj) 264

SUPREME COURT OF INDIA
State of Karnataka Vs. A.M., Primary & Sec. Schools (Patnaik, J.)
HON'BLE R.M. LODHA, CJI.
HON'BLE A.K. PATNAIK, J.
HON'BLE SUDHANSU JYOTI MUKHOPADHAYA, J.
HON'BLE DIPAK MISRA, J.
HON'BLE FAKKIR MOHAMED IBRAHIM KALIFULLA, J.
State of Karnataka & Anr.
Versus
Associated Management of (Government Recognised – Unaided – English Medium) Primary & Secondary Schools & Ors.
Civil Appeal Nos.5166-5190 of 2013 WITH Writ Petition (C) No.290 of 2009; Civil Appeal Nos.5191-5199 of 2013 AND Civil Appeal No. 5090 of 2014,
decided on 06.05.2014

Headnote:(a) Constitution of India, Article 350A — What does mother tongue mean? If referred to as the language in which the child is comfortable with, then who will decide the same? — Held — It mean the language of the linguistic minority in a state and it is the parent or guardian of the child who will decide what the mother tongue of child is. (Paras 25 & 26)
       ¼d½ Hkkjr dk lafo/kku & vuqPNsn 350-d & ekr`Hkk"kk dk vFkZ D;k gksrk gS\ & ;fn bls ,d ,slh Hkk"kk ds :i esa funsZf'kr fd;k tkrk gS ftlesa ckyd ,d vkjkenk;d fLFkfr esa gksrk gS rks bldk QSlyk dkSu djsxk\ & vfHkfu/kkZfjr &bldk vfHkizk; gS fdlh jkT; esa cgqHkk"kh vYila[; dh Hkk"kk vkSj os ml cPps ds ekrk-firk ;k laj{kd gS tks ;g QSlyk djsaxs fd ml ckyd dh ekr`Hkk"kk D;k gSA ¼in la[;k 25 o 26½
       (b) Constitution of India, Art. 350-A read with Article 19(1)(a), 19(2), Art. 21 and 21-A — Whether a student or a parent or a citizen has a right to choose a medium of instruction at primary stage? — Held — A child, and on his behalf his parent or guardian, has the right to choose the medium of instruction at primary school stage under Article 19(1)(a) and under Article 21 or Article 21-A of Constitution. (Para 33)
       ¼[k½ Hkkjr dk lafo/kku] vuqPNsn 350-d lifBr vuqPNsn 19¼1½¼d½] 19¼2½] vuqPNsn 21 o 21-d & D;k fdlh fo|kFkhZ] ;k ekrk-firk ;k ukxfjd dks izkFkfed voLFkk esa vuqns'k ds ek/;e dk p;u djus dk vf/kdkj gS\ & vfHkfu/kkZfjr & lafo/kku ds vuqPNsn 19¼1½¼d½ o vuqPNsn 21 ;k vuqPNsn 21-d ds rgr ,d cPps dks o mldh vksj ls mlds ekrk firk dks ;k laj{kd dks izkFkfed fo|ky; dh voLFkk esa vuqns'k ds ek/;e dk p;u dk vf/kdkj gSA ¼in la[;k 33½
       (c) Constitution of India, Article 350-A read with Article 14, 19, 29 and 30 — Whether the imposition of mother tounge in any way affect the fundamental rights under Article 14, 19, 29 and 30? — Held — Imposition of mother tounge affects the fundamental rights under Article 19, 29 and 30 of Constitution of India. (Para 42)
       ¼x½ Hkkjr dk lafo/kku] vuqPNsn 350-d lifBr vuqPNsn 14] 19] 29 o 30 & D;k ekr` Hkk"kk Fkksiuk fdl u fdl izdkj ls vuqPNsn 14] 19] 29 o 30 ds rgr ekSfyd vf/kdkjksa dks izHkkfor djrk gS\ & vfHkfu/kkZfjr & ekr`Hkk"kk Fkksius ls Hkkjr ds lafo/kku ds vuqPNsn 19] 29 o 30 ds rgr ekSfyd vf/kdkj izHkkfor gksrs gSA ¼in la[;k 42½
       (d) Constitution of India, Art. 350-A — Whether the Government recognized school are inclusive of both government-aided schools and private and unaided school? — Held — Government recognized schools will include government aided schools and unaided school which have been granted recognition. (Para 44)
       ¼?k½ Hkkjr dk lafo/kku] vuqPNsn 350-d & D;k ljdkjh ekU;rk izkIr fo|ky;ksa esa ;s nksuksa lfEefyr gS ljdkjh lgk;rk izkIr fo|ky; vkSj futh o xSj lgk;rk izkIr fo|ky;\ & vfHkfu/kkZfjr & ljdkjh ekU;rk izkIr fo|ky;ksa esa os ljdkjh lgk;rk izkIr fo|ky; vkSj xSj lgk;rk izkIr fo|ky; 'kkfey gksaxs ftUgsa ekU;rk iznku dh xbZ gSA ¼in la[;k 44½
       (e) Constitution of India, Articles 350-A —Whether the State can compel the linguistic minorities to choose their mother tounge only as medium of instruction in primary school? — Held — State has no power under Article 350-A of the Constitution to compel the linguistic minorities to choose their mother tongue only as a medium of instruction in primary schools. (Para 44)
       Appeals and writ petition dismissed.
       ¼M+½ Hkkjr dk lafo/kku & vuqPNsn 350-d & D;k ljdkj Hkk"kk;h vYila[;dksa dks izkFkfed voLFkk esa vuqns'k ds ek/;e ds :i esa dsoy viuh ekr`Hkk"kk dk p;u djus gsrq ck/; dj ldrh gS\ & vfHkfu/kkZfjr & lafo/kku ds vuqPNsn 350-d ds rgr ljdkj dks Hkk"kk;h vYila[;dksa dks izkFkfed fo|ky; esa vuqns'k ds ek/;e ds :i esa dsoy viuh ekr`Hkk"kk dk p;u djus gsrq etcwj djus dh 'kfDr izkIr ugha gSA ¼in la[;k 44½
       vihysa o ;kfpdk [kkfjt dhA

Hon'ble PATNAIK, J.—

Leave granted in S.L.P. (C) No.32858 of 2013.

Facts leading to the reference to the Constitution Bench:

2. The Government of Karnataka issued a Government Order dated 19.06.1989 prescribing that “from 1st standard to IVth standard, mother tongue will be the medium of instruction”. On 22.06.1989, the Government of Karnataka issued a corrigendum substituting the aforesaid words in the earlier Government Order dated 19.06.1989 by the following words:

“from 1st standard to IVth standard, where it is expected that normally mother tongue will be the medium of instruction.”

The orders dated 19.06.1989 and 22.06.1989 were challenged before this Court and a Division Bench of this Court in its judgment dated 08.12.1993 in English Medium Students Parents Association vs. State of Karnataka & Ors. ((1994) 1 SCC 550) held that the two orders of the Government of Karnataka were constitutionally valid.

3. Thereafter, in cancellation of all earlier orders pertaining to the subject, the Government of Karnataka issued a fresh 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. Clauses 2 to 8 of the Government Order dated 29.04.1994, with which we are concerned in this reference, are extracted hereinbelow:-

“2. The medium of instruction should be mother tongue or Kannada, with effect from the academic year 1994-95 in all Government recognized schools in classes 1 to 4.

3.The students admitted to 1st standard with effect from the academic year 94-95, should be taught in mother tongue or Kannada medium.

4. However, permission can be granted to the schools to continue to teach in the pre-existing medium to the students of standards 2 to 4 during the academic year 94-95.

5. The students are permitted to change over to English or any other language as medium at their choice, from 5th standard.

6. Permission can be granted to only students whose mother tongue is English, to study in English medium in classes 1 to 4 in existing recognized English medium schools.

7. The Government will consider regularization of the existing unrecognized schools as per policy indicated in paragraphs 1 to 6 mentioned above. Request of schools who have complied with the provisions of the code of education and present policy of the government will be considered on the basis of the report of the Zilla Panchayat routed through commissioner for public instructions.

8. It is directed that all unauthorized schools which do not comply with the above conditions, will be closed down.”

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.

4. Aggrieved by the clauses of the Government Order dated 29.04.1994 which prescribed that the medium of instruction in classes I to IV in all Government recognized schools will be mother tongue or Kannada only, the Associated Management of Primary and Secondary Schools in Karnataka filed Writ Petition No.14363 of 1994 and contended inter alia that the right to choose the medium of instruction in classes I to IV of a school is a fundamental right under Articles 19(1)(a), 19(1)(g), 26, 29 and 30(1) of the Constitution and that the impugned clauses of the order dated 29.04.1994 of the Government of Karnataka are ultra vires the Constitution. The State of Karnataka and its officers, on the other hand, relied on the decision of the Division Bench of this Court in English Medium Students Parents Association vs. State of Karnataka &

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2014 Supreme(Raj) 264

Cases Referred (17)