JUDGMENT

Rajendra Babu, CJI.-Writ Petition (Civil) No. 132 of 1995

This petition stems from a policy decision made by Maharashtra State Government whereby Marathi language study was made compulsory throughout the schools in that State. As a result, the English Medium Schools run by Gujarati linguistic minorities were compelled to teach four languages (Hindi, English, Marathi and mother tongue-Gujarati) as against the accepted three-language formula . Constitutional validity of the imposition of Marathi language as a compulsory study in schools run by linguistic minorities is the main matter for judgment in this case.

2. Petitioner s case is that the imposition of compulsory Marathi is in violation of the fundamental right of the linguistic minority to establish an educational institution of their choice under Article 30(1) of the Constitution; that the choice is meant to achieve not only the purpose of conserving the minority s mother tongue, language etc. but also giving their children a good general education; that the minority, in furtherance of their fundamental right under Article 29(1) read with Article 30(1) of the Constitution has a choice to teach the other subjects (Mat