HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Mr. Manindra Mohan Shrivastava, Madan Gopal Vyas, JJ.
Smt. Sohani Devi Gurjar – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
D.B. Civil Writ Petition (Pil) No. 6182 of 2020
Decided On : 08-03-2022
Public Interest Litigation - Education Policy - The court considered a public interest litigation filed by the petitioner, who sought to highlight the local problem that the decision to convert a school into an English medium school would leave students willing to continue in Hindi medium without education facilities. The court found that the policy provided an option for students to study in Hindi medium in nearby schools and that hostel facilities and other amenities would continue. The court directed that students willing to study in Hindi medium should not be left out of the education system and should be entitled to seek admission in available Hindi medium schools.
Fact of the Case:
The petitioner, a Sarpanch, filed a public interest litigation highlighting the local problem that the decision to convert a school into an English medium school would leave students willing to continue in Hindi medium without education facilities.
Finding of the Court:
The court found that the policy provided an option for students to study in Hindi medium in nearby schools and that hostel facilities and other amenities would continue. The court directed that students willing to study in Hindi medium should not be left out of the education system and should be entitled to seek admission in available Hindi medium schools.
Issues: The main issue was the impact of converting a school into an English medium school on students willing to continue in Hindi medium and the availability of alternative education facilities.
Ratio Decidendi: The court considered the availability of nearby Hindi medium schools and the continuation of hostel facilities and amenities, and concluded that students willing to study in Hindi medium should not be left out of the education system.
Final Decision: The court directed that students willing to study in Hindi medium should not be left out of the education system and should be entitled to seek admission in available Hindi medium schools.
ORDER
1. Heard.
2. This public interest litigation has been filed by the petitioner, who at the time of filing of the petition was Sarpanch of Gram Panchayat Kharchi, Panchayat Samiti Marwar Junction, Tehsil Marwar Junction, District Pali, seeking to espouse the cause of those who were not willing to allow their wards to study in English medium school.
3. Petitioner's case as stated in the petition is that a policy decision has been taken by the respondent State, under which 340 schools in the State providing education upto 8th standard have been converted into English medium schools. While the policy as such is not under challenge, the petitioner seeks to highlight the local problem that the decision, which has been taken to convert the only school situated in Gram Panchayat Kharchi, will leave all those students, who are willing to continue in Hindi medium, in lurch without having any education facilities available in any Hindi medium school. Number of representations have been preferred before the authorities, but the authorities have not made any alternative arrangement and those, who are willing to continue in Hindi medium school, do not know where to go and take up the admission.
4. Though it is not on record, during the course of arguments, learned counsel for the petitioner has brought to the notice of this Court the memo dated 24.07.2020 of the District Education Officer as also letter dated 23.07.2020 of the Block Education Officer to state that recommendations have been made to the Director, Secondary Education, Rajasthan for allowing Hindi medium school to continue, but decision in this regard has not been taken.
5. A reply has been filed by the respondents stating therein that under an education policy of providing better education and making students more proficient in the language, a decision was taken to convert some of the schools into English medium schools. Referring to Circular dated 14.06.2019, it has been argued that the option of the students to study in Hindi medium school has not been altogether closed, but the policy clearly provides that in the nearby school, facilities may be provided to those who are willing to continue to take education in Hindi medium. Further referring to the averments made in the reply, it has been stated that though the school in respect of which grievance has been raised in this petition, has been converted into English medium school, there are as many as three schools operating in the near vicinity where the students, who willing to take admission in Hindi medium school, may be provided education in Hindi.
6. The Petitioner's grievance that conversion of the Hindi medium schools into English medium would also withdraw the hostel facilities to girl students has also been replied by stating that hostel facility and all other facilities are continuing as it is. The statement so made on affidavit in the reply has not been controverted.
7. The petitioner has not challenged the policy of the Government to convert some of the schools as English medium schools, but it has been restricted mainly to the difficulties which a student willing to take up education in Hindi medium school may face in the Gram Panchayat area of Gram Panchayat, Kharchi where the petitioner is Sarpanch.
8. As the policy of the State, which has been promulgated on 14.06.2019, is not under challenge, but its implementation in a particular area is under challenge, we would confine our consideration only to that aspect.
9. Undeniably the existing Hindi medium school in the area of Gram Panchayat, Kharchi has been converted into English medium school. Nevertheless, averment made in the reply is that in the vicinity within 2 Kms as many as three Hindi medium schools are running where the students willing to take education in Hindi medium may get admission, we find that the grievance raised by the petitioner is not genuine.
10. The hostel facility is also being continued as clearly stated in para 3 of the reply of the responde
The court emphasized that students willing to study in Hindi medium should not be left out of the education system and should be entitled to seek admission in available Hindi medium schools.
Point of Law : Policy of Government providing for an option and on facts in present case, there being availability of as many as three schools in near vicinity, Court are not inclined to issue any sp....
Educational institutions cannot be discriminated against in medium of instruction; both government and aided schools have equal rights under constitutional provisions.
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