DAFFODILS ENGLISH SCHOOL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this set of petitions, petitioners have challenged the Government Order dated 30-5-2002 passed in continuation of the Government Order dated 29-4-1994 regarding language policy wherein the State government has extended Kannada as Medium of Instruction for 5th standard also as a medium of instruction, wherein in the earlier government Order it had directed the schools recognized by the State to have Kannada as medium of instruction from 1st standard to 4th standard.

(2.) HEARD the learned Senior Counsel Sri. Vijay Shankar for the petitioners and the learned Addl. Government Advocate Sri. B. Manohar.

(3.) THE learned Senior Counsel appearing for the petitioners has relied upon the decision of the Full Bench of this Court reported in ILR 2008 Kar 2895 : 2008 (5) AIR Kar R 261 : AIR 2008 (NOC) 2790 in the case of associated Managements of Primary and Secondary Schools in Karnataka v. The State of karnataka by its Secretary, Department of education wherein clauses 2, 3, 6 and 8 of the government Order dated 29-4-1994 compelling the children studying in other Government recognized schools to have primary education in the mother tongue or the regional language have been struck down by the Full bench decision and accordingly, submitted that as the matter is set at rest by the decision of Full Bench the subsequent order dated 30-5-2002 making Kannada language as medium of instruction from 1st standard to 5th standard is unenforceable and that the language policy has been decided long back in the decision reported in AIR 1954 SC 561 in the case of State of Bombay v. Bombay Education Society and even the Full Bench in the above referred decision has come to the con-elusion that the '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. "