School Development Management Vs State of Rajasthan (Rajasthan High Court at Jodhpur)
Facts- The petitioners feel aggrieved of the decision dated 13.09.2021 taken by the State Government and consequential decision/order dated 20.09.2021 of the respondent No.2 by which ‘the school’ has been converted to an English Medium School – Mahatma Gandhi Government School (English Medium). Further, the petitioner also argued that the medium of instruction should be mother tongue and not English.
Conclusion- This Court is of the considered opinion that changing mode of instruction to English or imparting education in English per-se is not violative of fundamental rights guaranteed to the children or to their parents under Article 21A of the Constitution of India. Because Article 21A only assures right of a child below 14 years to have access to free and compulsory education, whereas the manner has been left at the discretion of the State to be determined by law.
The right of having elementary education in mother tongue is also a statutory right conferred by section 29 (2)(f) of the Act of 2009, according to which medium of instruction, as far as practicable, is required to be in child’s mother tongue.
FULL TEXT OF THE JUDGMENT/ORDER of RAJASTHAN AT JODHPUR HIGH COURT
1. The instant writ petition raises rather uncommon but intriguing and intricate questions relating to rights of the children having their education in a Government school, known as ‘Shri Hari Singh Sr. Secondary School’, (hereinafter referred to as ‘the school’) located in Village Pilwa, Panchayat Samiti, Dechu, District Jodhpur.
2. The petitioner No.1 is the School Development Management Committee (hereinafter referred to as ‘SDMC’) represented by one of its members while petitioner No.2 & 3 (whose wards are studying in the school) are parent-members of the SDMC.
3. It is noteworthy that School Development and Management Committee is a statutory body constituted under section 21 of Right of Children to Free and Compulsory Education Act, 2009 (for short ‘the Act of 2009 or the RTE Act’.)
4. The petitioners feel aggrieved of the decision dated 13.09.2021 taken by the State Government and consequential decision/order dated 20.09.2021 of the respondent No.2 by which ‘the school’ has been converted to an English Medium School – Mahatma Gandhi Government School (English Medium).
5. For the purpose of the adjudication of the questions that have cropped up for consideration, brief narration of the facts is imperative; that the school in the name of Shri Hari Singh Sr. Sec. School, Pilwa has been functioning in village Pilwa since 1980. The school has been catering to the educational needs of about 600 children from all sects including girls residing in such village and nearby villages. The medium of instruction in the school is ‘Hindi’ since its inception.
6. It will be apposite to give figures of the children taking education in the school which are as infra :-
