JUHU PARLE EDUCATION SOCIETY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BOTH these petitions filed under Article 226 of the Constitution of India challenge the policies and decisions adopted by Maharashtra State Board of Secondary and Higher Secondary Education and which are to take effect from academic year 1994-95. The petitioners claim that the curriculum and the pattern for study of languages prescribed in English Medium Schools have the effect of eradicating Gujarathi language. The Juhu Parle Education Society is registered under Bombay Public Trust Act and runs a school known as Utpal Shanghavi School which was founded some time in year 1982. The school imparts training in English medium and the petitioners in Writ Petition No. 1009 of 1994 claim that the Educational institution is set up by linguistic minority and is entitled to protection of Articles 29 and 30 of the Constitution of India. Writ Petition No. 1083 of 1994 is preferred by parents who claim that their children are undertaking education in schools situated in Greater Bombay and where the medium of instruction is English. As the contentions raised in both the petitions are identical, it would be appropriate to dispose of both the petitions by common judgment.

(2.) THE subject of Education, including technical education, medical education and universities, falls within Item No. 25 of List III Concurrent List of the Constitution. Part XVII of the Constitution deals with the subject of Official Language and Article 343 provides that the official language of the Union shall be Hindi in Devanagari script. The Article further provides that English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before its commencement for a period of fifteen years from the commencement of the Constitution and thereafter if the Parliament may by law so provide. Article 345 of the Constitution sets out that the Legislature of a State may by law adopt any one or more of the languages in use in the State as the language to be used for all or any of the official purposes of that State. In exercise of the powers conferred under Article 345 of the Constitution, the Maharashtra Legislature passed an Act known as the Maharashtra Official Languages Act, 1964. Section 4 of the Act provides that Marathi shall, as from the appointed day, be the language to be used for all official purposes. The appointed day was 26/01/1965. Section 5 of the Act provides that Marathi shall be the language to be used in Bills introduced in either House of the Legislature, in all Acts passed by the Legislature of the State and in all Ordinances promulgated by the Governor of Maharashtra, and in all orders, rules, regulations and bye-laws issued by the State Government under the Constitution, or under any law made by Parliament or the Legislature of the State.

(3.) THE Maharashtra Legislature enacted Act known as Maharashtra Secondary and Higher Secondary Education Boards Act, 1965 to provide for the establishment of a State Board and Divisional Boards to regulate certain matters pertaining to secondary and higher secondary education in the State of Maharashtra. Education between Standards I to IV is known as Primary Education and in respect of syllabus or the education to be imparted, policy decision is taken by the State Government by issuance of Government Resolutions on Circulars. The syllabus in respect of Standards VIII to X which is known as Secondary and between Standards XI and XII which is known as Higher Secondary as determined by the Regulations issued by the State Board. Section 3 of the Act authorises the State Government to establish a Board for the whole State by the name of "the Maharashtra State Board of Secondary and Higher Secondary Education". Section 18 of the Act sets out powers and duties of the State Board and one of the duty is to advise the State Government on matters of policy relating to secondary or higher secondary education. The Board is also required to lay down guiding principles for determining curriculam and syllabi and also to prepare the detailed syllabi for all standards of secondary and higher secondary education. Section 36 provides that the State Board may make regulations for the purpose of carrying into effect the provisions of this Act and in particular regulations may provide for the subjects and curriculam for the final examinations. The final examinations are conducted by the Board in respect of Xth and XIIth Standards, and students of all schools in Maharashtra, which are recognised by the State Board, appear at the examinations. Sub-section (3) of Section 36 provides that no regulation shall have effect until the same has been sanctioned by the State Government. The Maharashtra Secondary and Higher Secondary Education Boards Regulations, 1977 received assent from the State Government and came into force on 15/06/1977. Regulation 30 deals with Syllabi and provides that the syllabus for Standards VIII, IX and X should be the syllabus prepared by the State Board and approved by Government with amendments, if any, from time to time. The Regulation further provides that the syllabi shall continue to be in force until duly re-placed or amended by the State Board with the sanction of the State Government, and any amendments or changes made therein shall be notified to the heads of the respective recognised secondary schools at least six months before the commencement of the academic year from which such amendments or changes are for be effective.