Yes to medium, but no to money: CM (Herald)

May 8, 2014

l Grants as per State policy, not court’s directive l CM interprets that the SC insists on giving grants only to linguistic minorities, not English l Order does not contradict State MoI policy, can be implemented after studying SC order

TEAM HERALD

PANJIM: Manohar Parrikar is not a man who gives up easily. A day after the Supreme Court issued, what Herald called the “Mother of Instructions on MoI”, taking the right away from the state to decide in what language the child should study at a primary level, the Chief Minister, did not quite take on the apex court, but said that right to give grants was his.

“The medium (of instruction) I will concede, but grants I will not give. The government will give grants to only those schools that conformed with the government’s policy”. 

You cannot expect government schools to run in a way just because someone wants then to run in any way. The government need not give grants to school beyond the policy,” the chief minister argued adding that the Supreme Court does not say that you have to give grants to English schools but only to those covered under the category linguistic minority. The “someone”, incidentally is the Supreme Court of India.

The Chief Minister’s argument, Herald believes, flies in the face of the SC judgement which has clearly argued why the state, as per its order is legally bound to give grants (See adjoining box).

He also argued that the order validated the policy that was recently adopted by his government. “The Supreme Court decision is in conformity with our MoI policy. (There is) no contradiction between the order and exactly what has been decided by state policy,” he said, stressing that there was no reason why the MoI policy cannot be implemented after examining the SC order.

The chief minister also argued that the issue would come under section 21 A, which says ‘free and compulsory education is as per policy determined by the State’.

“This is my interpretation. But I will send it to the Law department,’ Parrikar said, arguing that linguistic minorities have to be as determined under Art 21A.

According to the Chief Minister, no new English medium or any medium school will be permitted in the current year and after that, mapping will be done and only then will new schools be permitted. Certain parameters such as proper classrooms, proper facilities, proper salary for teachers, would have to be followed before an application is considered. 

http://www.heraldgoa.in/News/Main%20Page%20News/Yes-to-medium-but-no-to-money-CM/88445.html

State to examine SC verdict on MOI

Published on: May 8, 2014 - 01:34

Story Summary: 

Chief Minister Manohar Parrikar on Wednesday said the state’s medium of instruction policy was in conformity with the Supreme Court order on the issue of medium

PANAJI: Chief Minister Manohar Parrikar on Wednesday said the state’s medium of instruction policy was in conformity with the Supreme Court order on the issue of medium of instruction at the primary school level and went on to add that he would get the order examined by legal experts, including advocate general, over the next week or so and implement the same.

Parrikar said that non-religious and linguistic minority institutions were free to opt for English as medium of instruction but release of grant to them would depend on the state government policy. He said that the apex court has interpreted the law on the issue but has not given its say on the issue of release of grants.

“There is no confusion whatsoever on the Supreme Court order on the issue of MoI,” he said, adding that the state policy was perfect. He said the government would take a call on the issue of release of grants to primary schools, maintaining that the government could not give grants to anyone beyond its policy. 

“The Supreme Court order will not impact the state,” he added.

Ruling out possibility of giving permission to start new English medium primary schools from the ensuing academic year, he said the government would undertake mapping of schools and give permission only after completing the exercise from the next year provided the intending school managements meet the criteria laid down by the government for starting new schools.

The Chief Minister also said the government would not allow running of schools in flats and makeshift arrangements and would ensure that there were proper classrooms with other proper facilities. 

“The managements would also have to pay the same salary as is paid to government schools teachers to qualify for government permission,” he stated.

Parrikar admitted that the state was facing water and power shortage for some time in the recent past but prudent management by the state authorities and proactive steps taken by the government helped the state to overcome the problem faced during the summer months, and the people were not put to acute hardship.

Dealing on the issue of water, he called upon people to judiciously use water and refrain from misusing precious water that was being supplied by the government at cheap rates. He said that the shortage of water has been at localized points which would cease to exist by the next year with the augmentation of water supply that was underway.

The Chief Minister said the state recently faced major power crisis and that the state had to purchase power on emergency basis to ensure that people did not face the brunt. He said that  though the state managed to buy power its supply was hampered due to congestion in the corridor but despite the odds the state managed to overcome the problem. 

The state was facing about 25-30 mW shortage of power during the peak hours, he stated, adding that the state had to resort to restrict supply of power to heavy industries. He said that power supply deficit was expected to end by June with the restarting of Korba 5 unit. He said that Goa would have surplus power once it starts getting power supply from Chhattisgarh power plant in June after a proper power purchase agreement was signed.

Responding to a question on entry of Congress legislator from Dabolim Mauvin Godinho in the Bharatiya Janata Party, he said that his government already had a clear majority in the assembly, hinting that there was no need to give entry to the sulking Congress legislator. 

He said that Godinho could not join his party as legislator and that he would have to quit and join the BJP.

To another question on the power cases against Godinho, he said that it was Supreme Court to decide on the cases and not him. He said that the cases have been pending in the apex court for last four and half years and wondered why it took the court so long when it itself wanted that cases against the politicians be decided within a year.

He also denied that he ever attempted to withdraw a case with regards to illegal notification issued by Godinho during his tenure as power minister. He went on to add that he fought the battle in the court for 10 years and won the same. He further said that he could not give entry to Godinho as an MLA.

On the issue of Portuguese government’s alleged interference in the Mayem issue, he said  the Portugal, which was a friendly country, has perhaps sent a query and that central authorities would perhaps take a call on the issue and inform it accordingly. 

He said that India was a sovereign country and its states had powers to enact laws accordingly, which could not be challenged by any other country. 

“My decision on the issue is as per Constitution,” he observed.

He said that the legislation on Mayem evacuee property, which cancelled titles granted by the former Portuguese regime, was within the right of the state assembly and such laws have passed Supreme Court scrutiny. He also said that no law could be overridden by any treaty between two countries. 

“No foreign government can dictate terms to us,” he added. 

The Chief Minister denied that people of Cuncolim, who have land granted to them, would be affected by the law and that it was specific only to those who were granted land under titles.  

He said that the bill has been sent to the Governor for assent two days ago.

On the issue of mining policy, he said that the government would come out with the policy after the end of May. He said that the policy would lay stress on the protection of workers, which would be topmost. 

“Only those who agree to meet the criteria as regards to protection of rights of workers will be considered for grant of leases and licences,” he said, adding that he has not promised any licences or permission to anyone.

Responding to a query on the issue of action against those involved in “illegal” mining on the leases which had expired but were allowed to be operated by the then government by invoking deemed renewal clause for the purpose, he said that punishment for such violation as per the apex court ruling is cancellation of the leases, which has already been done by the government.

http://www.navhindtimes.in/goa-news/state-examine-sc-verdict-moi