Right to education is a fundamental right which includes right to choose medium of instruction.

A.S. Venkatachalamoorthy, J.

1. The State of Tamil Nadu passed G.O.Ms. No. 6 (School Education C2 Department), dated 11. 1999, to the effect that from the academic year 1999.2000 all the nursery and elementary Schools shall teach at least two out of three subjects i.e. Social Studies (History and Geography) Mathematics and Science through the medium of Tamil, apart from teaching Tamil as a subject. The Government Order imposed some more conditions and announced certain concessions. It is necessary that the English translation of the said Government Order, as furnished by the State has to be quoted:

GOVERNMENT OF TAMIL NADU ABSTRACT Elementary Education-Tamil as Medium of Instruction in Nursery and Elementary Schools-Implementation/Orders Issued. SCHOOL EDUCATION, (C2) DEPARTMENT G.O.Ms. No. 6 Dated: l3.l.1999 Read:

1. Letter (Ms.) No. 377, School Education, dated 28. 1997

2. G.O.(Ms.) No. 421, School Education, dated 211. 1998

ORDER

The following orders are issued in continuation of the orders issued in G.O.Ms. No. 421, School

Education Department, dated 11. 1998.

1. The Government direct that from the academic year 1999-2000, at least two out of three subjects, that is, Social Studies (History and Geography), Maths, and Science shall be taught through medium of Tamil apart from teaching Tamil as a subject in Nursery and Elementary Schools.

2. From the ensuing Academic Year, Recognition for the Nursery and Elementary Schools which are already approved by this Government will be renewed only to those Schools which teach two out of three subjects mentioned above through the medium of Tamil.

3. Apart from giving 50% concession towards the recognition fees as specified in the G.O. second read above, the students who study in those Nursery and Elementary Schools which teach through medium of Tamil, will be issued Text Books free of cost.

(By order of the Governor) M.A.Gowrishanker, Secretary to Government.”

2. The validity of the said Government Order viz., G.O.Ms. No. 6 (School Education C2 Department), dated 11. 1999 was questioned on various grounds by some Nursery and Primary Schools (nine in number), all functioning in one District viz., Tirunelveli District by filing Writ Petitions i.e. W.P. No. 5313 of 1999 etc.,.

3. While those writ petitions were pending a Tamil Association known as ‘Tamil Sandror Peravai’ which will be hereinafter referred to as Association), claiming that on behalf of the said Association the Chief Minister of Tamil Nadu was met on 211. 1998 and it made three demands and that inspite of the fact that several times the said Association reiterated its demands, the same have not been implemented by the State of Tamil Nadu, sent a communication, dated 14. 1999 informing the Chief Minister that abo ut one hundred Tamil scholars would observe indefinite fast from 24. 1999, if the said demands are not met by them.

4. Thedetails of the three demands as translated by the State can be set out as hereunder:

“1. All Educational Institutions in Tamil Nadu should have only Tamil as the medium of instruction upto V Standard. From VI Standard onwards, English should be taught only as a language subject at all levels;

2. As the text books in Tamil are already available in the stage of introduction in all departments of High Education including Engineering, Medical, Law and Technologies, Tamil should be introduced as the medium of instruction from the ensuing academic year in all the above field.

3. The priority in employment shall be given to those who have studied through Tamil Medium of Instruction in the Government /Government Undertaking Departments.

5. Thereafter, the Government of Tamil Nadu passed G.O.Ms. No. 117 (School Education C2 Department) dated 5. 1999 and the English translation of the said Government Order, as furnished by the State of Tamil Nadu is as under:

“GOVERNMENT OF TAMIL NADU ABSTRACT Education-Implementation of Tamil Medium of Instruction from Nursery to High