SC order makes the giving of grants by the state implicit under Art 19 1(a)
Govt policy is subservient to will of parents
Right to be educated include the right to be educated by the state without any controls
“The framers of the Constitution may well have reflected with Madison who was ‘the leading spirit in the preparation of the First Amendment of the Federal Constitution’, that “it is better leave a few of its noxious branches to their luxuriant growth than, by pruning them away, to injure the vigour of those yielding the proper fruits” (Quoted in Near v. Minnesotta, 283 U.S. 607 at 717- 8).”
Just when Manohar Parrikar thought that all noxious branches of regarding the vexed Medium of Instruction were pruned away, giving him the fruit of closure, the Supreme Court has actually overturned the basic tenet of most governments in deciding on the medium of instruction - the states take on what mother tongue is. For years preserving regional languages and the choice of the medium of instruction have been juxtaposed. This is a choice which was always in the hands of the state. It is no longer in the hands of state.
The judgment states “Article 19(1)(a) of the Constitution includes the freedom of a child to be educated at the primary stage of school in a language of the choice of the child and the State cannot impose controls on such choice just because it thinks that it will be more beneficial for the child if he is taught in the primary stage of school in his mother tongue. We, therefore, hold that a child or on his behalf his parent or guardian, has a right to freedom of choice with regard to the medium of instruction in which he would like to be educated at the primary stage in school”
The operative part here is that the State cannot impose controls on such choice. And this is where the issue of grants comes in. If parents of children in any school, private, aided or semi aided school decide on particular medium of instruction, the state cannot exercise controls by denying grants.
Herald now takes a direct extract from the judgment This Court also went into the question whether receiving information or education by a citizen was part of his right to freedom of speech and expression in Secretary, Ministry of Information & Broadcasting, Government of India & Ors. v. Cricket Association of Bengal & Ors. (supra) and held that the right to freedom of speech and expression in Article 19(1(a) of the Constitution will not only include the right to impart information but also the right to receive information. In his opinion, P.B. Sawant, J. Observed that the right to freedom of speech and expression also includes the right to educate, to inform and to entertain and also the right to be educated, informed and entertained. In line with the earlier decisions of this Court, we are of the view that the right to freedom of speech and expression under Article 19(1)(a) of the Constitution includes the freedom of a child to be educated at the primary stage of school in a language of the choice of the child
http://www.heraldgoa.in/News/Local%20News/IF-PARENTS-WANT-IT-THE-GOVT-HAS-TO-FUND-IT/88464.html
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