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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DINESH MEHTA, J.
School Development Management Committee, Shri Hari Singh Senior Secondary School and Ors. - Appellants
Versus
State of Rajasthan, Through The Secretary Department of Education, Government of Rajasthan and Ors. - Respondents
S.B. Civil Writ Petition No. 16367 of 2021
Decided On : 04-01-2022
Constitution of India, 1950 - Article 21A, 19(1)(a) and 14 - Right of Children to Free and Compulsory Education Act, 2009 - Section 20, 21, 22, 29, 29(2)(f), 38 - Rajasthan Right of Children to Free and Compulsory Education Rules, 2011 - Rule 3 – Equality before Law - Right to have education - School Management Committee - School Development Plan - Curriculum and evaluation procedure - Right to have education – Writ petition raises rather uncommon but intriguing and intricate questions relating to rights of the children having their education in a Government school - Whether Article 21A of Constitution of India which guarantees a right to education, also guarantees right to receive education in mother tongue or home language - Held, Court is of considered opinion that changing mode of instruction to English or imparting education in English per-se is not violative of fundamental rights guaranteed to children or to their parents under Article 21A of Constitution of India - Because Article 21A only assures right of a child below 14 years to have access to free and compulsory education, whereas manner has been left at discretion of State to be determined by law - But, at same time, it can also not be ruled that right to have education in a particular medium or in a language in which child has been brought up is not covered by any of fundamental rights - Court is of view that State's decision is contrary to Education Policy, 2020 and provisions of section 29 and 29(2)(f) of Right to Education Act and Rules framed thereunder, but since policy decision itself is not under challenge and petitioners themselves had in-principle welcomed or accepted establishment of English medium school, it is hereby directed that in case, for ensuing session i.e., 2022-23, State wishes or proposes to convert school in question to Mahatma Gandhi English Medium School, it shall convene a meeting of School Development Management Committee constituted under Rule 3 of Rules of 2011 in presence of Sub Divisional Magistrate/Tehsildar and a nominee of District Education of ficer concerned - Notice of meeting with proposed agenda will be circulated well in advance - Writ petition stands allowed.
JUDGMENT :
Dinesh Mehta, J.
1. The instant writ petition raises rather uncommon but intriguing and intricate questions relating to rights of the children having their education in a Government school, known as 'Shri Hari Singh Sr. Secondary School', (hereinafter referred to as 'the school') located in Village Pilwa, Panchayat Samiti, Dechu, District Jodhpur.
2. The petitioner No. 1 is the School Development Management Committee (hereinafter referred to as 'SDMC') represented by one of its members while petitioner No. 2 & 3 (whose wards are studying in the school) are parent-members of the SDMC.
3. It is noteworthy that School Development and Management Committee is a statutory body constituted under section 21 of Right of Children to Free and Compulsory Education Act, 2009 (for short 'the Act of 2009 or the RTE Act'.)
4. The petitioners feel aggrieved of the decision dated 13.09.2021 taken by the State Government and consequential decision/order dated 20.09.2021 of the respondent No. 2 by which 'the school' has been converted to an English Medium School-Mahatma Gandhi Government School (English Medium).
5. For the purpose of the adjudication of the questions that have cropped up for consideration, brief narration of the facts is imperative; that the school in the name of Shri Hari Singh Sr. Sec. School, Pilwa has been functioning in village Pilwa since 1980. The school has been catering to the educational needs of about 600 children from all sects including girls residing in such village and nearby villages. The medium of instruction in the school is 'Hindi' since its inception.
6. It will be apposite to give figures of the children taking education in the school which are as infra:-
| Category | Boys | Girls |
| General | 62 | 87 |
| ST | 40 | 29 |
| SC | 85 | 63 |
| OBC | 103 | 117 |
| Minority | 8 | 7 |
| Total | 288 (SIC 298) | 298 (SIC 303) |
| Grand Total | 601 |
|
7. It is stated by the petitioners that in Panchayat Circle Pilwa, two more Government schools other than the one under consideration, were established by the State Government during the last two decades; one being Girls Primary School which was merged in 2013 and the other school being Government Primary School, too was merged in the present school in 2012-13. Resultantly in the entire panchayat circle, the school in question is the only school which imparts education from class 1st to class 12th being home to 601 students who are taking education/instructions in Hindi.
8. According to the petitioners other schools are situated at a distance of about 6 to 8 kms from the school in question.
9. In the budget of 2021-22, Hon'ble the Chief Minister who is also the Finance Minister of the State, in his speech announced that within a period of two years about 1200 Mahatma Gandhi Government Schools will be opened which would impart education in English in all villages and towns having population of more than 5000.
10. In furtherance of the budget announcement, the SDMC of the school in its meeting, held on 03.04.2021, discussed the desirability of an English medium school in the area and considering the importance and requirement of English medium school, and resolved that an English medium school be opened in the vacant building of the Government school which has been merged in the school and for the time being, the school be run in two shifts, out of which first shift be for Hindi medium students while second shift be kept for English medium.
11. It was specifically resolved by the SDMC that the existing school of Hindi medium not be closed.
12. It will not be out of place to reproduce the resolutions adopted by the SDMC on 03.04.2021:-
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