Sunday, 16 June 2013

doNNe nayakas opposing English medium are against law as well


EVEN THE GOVT HAS NO RIGHT TO IMPOSE KANNADA AS A MEDIUM OF INSTRUCTION. ALL CITIZENS CAN CHOOSE ENGLISH OR ANY LANGUAGE AS MEDIUM OF INSTRUCTION FOR THEIR CHILDREN. This is the order of the full bench of the High Court of Karnataka on July 2, 2008. It is another matter that Karnataka has not bothered to represent the case in the Supreme Court…
198. In the light of the aforesaid discussion and in response
to the reference, we record the following conclusions:
1) Right to education is a fundamental right being a
species of right to life flowing from Article 21 of the
Constitution. By virtue of Article 21-A right to free and
compulsory primary education is a fundamental right
guaranteed to all children of the age of six to fourteen
years. The right to choose a medium of instruction is
implicit in the right to education. It is a fundamental
right of the parent and the child to choose the medium
of instruction even in primary schools.
2) Right to freedom of speech and expression includes
the right to choose a medium of instruction.
3) Imparting education is an occupation and, therefore,
the right to carry on any occupation under Article
19(1)(g) includes the right to establish and administer
an educational institution of one’s choice. ‘One’s choice’
includes the choice of medium of instruction.
7) Thus, every citizen, every religious denomination, and
every linguistic and religious minority, have a right to
establish, administer and maintain an educational
institution of his/its choice under Articles 19(1)(g), 26
and 30(1) of the Constitution of India, which includes
the right to choose the medium of instruction.
199. (a) Accordingly, the Writ Petitions except W.P. No.
21052/1994 and W.P. No. 5618/1993 and the Writ Appeal
are partly allowed, quashing Clauses (2), (3), (6) and (8) of
the impugned order in its application to schools other than
schools run or aided by the Government
(b) The rest of the Government Order is upheld. All the
orders, endorsements, circulars, issued giving effect to the
aforesaid Clauses (2), (3), (6) and (8) in the impugned order
are also quashed.
(c) Writ Petitions 21052/1994 and 5618/1993 are delinked
and they are sent back to the single Bench for decision in
the light of this judgment