Case Law Details
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
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