The Rajasthan High Court recently held that the rights of a school and its students to receive education in Hindi are protected under Article 19(1) (a) of the Constitution and cannot be intervened in the absence of a valid legislation.
Factual Background
The single-judge bench was dealing with a petition against the State government’s decision to convert a Hindi medium school granting education to around 600 students into English medium.
The plea was instituted by the School Development Management Committee and its member parents. The government refused to concede with the representations of the petitioners which eventually compelled the petitioners to move to the High Court.
Case of the Petitioner
The counsel for the petitioner that they were not opposed to the English medium of instruction, however, they are aggrieved by the fact, that the government is taking such action overnight.
It was further contended that, if the State government is willing to open more English-medium schools, then it must first allocate funds and create new infrastructure for the same, since converting the already existing schools is an act arbitrary in nature. It was also bought to the Court’s notice, that the medium of instruction under the Right of Children to Free and Compulsory Education Act 2009 mandate the medium of instruction to be the student’s mother tongue.
Case of the Respondent
The State to the contrary had informed the Court that there were as many as nine government schools within 5kms of the same school imparting education in Hindi and thus, the petitioner’s contention that their fundamental rights were violated is meritless.
Observation of the Court
The single-judge concluded that the right to get education in a specific language forms a part of freedom enshrined under Article 19(1) (a) of the Constitution.
“A child or on his behalf, his parents have the right to choose the languages in which his/their child should be imparted education.”
Justice Mehta was of the opinion that the conversion of medium is in a way taking away the right to education of children in that particular institution with “one stroke of a pen.”
The Court further criticized the assurance of the State, reasoning that uprooting 60 pupils from the present school, and then implanting them in the nearby schools was not an apt justification, particularly in the middle of the academic session. Thus, the plea was entertained and it was held that if majority of the members of the School Development Management Committee concede with the conversion, only then it shall be continued.
Case Details
Before: Rajasthan High Court
Case Title: School Development Management Committee v. State of Rajasthan
Coram: Hon’ble Mr. Ju stice Dinesh Mehta
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