Volume 2 Issue 7

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Right to receive education in a language cannot be claimed under Article 21A : Rajasthan HC

Date of News: 

10-01-2022

Date of Publication: 

10-02-2022

Unique ID:

202281520

Name of the Author: 

Utkarsh Sinha

Field of Law: 

Education Policy and Law

Content of News:

The Article 21A of the Constitution contemplates the right to free and elementary education to all children of the age of six to fourteen years but the Rajsthan High Court has held that it does not �guarantee� the right to receive education in �mother tongue or home language�. The judgement came on a petition filled by the parents of the students and the SDMC (School Development Management Committee) which stated that the sudden mid-session change in the medium of instruction and education was not just unconstitutional but also a breach of student�s fundamental rights. The issue raised was that they were not against English as a medium of instruction, but were against the �complete conversion of the parent institution.� The petitioners contented that the abrupt change would eventually compel the students to change the institution/schools during the academic session, which would directly affect their studies. The Rajasthan Government stated that the students could take admission in the several Hindi medium government schools in the same area. The Rajasthan HC stated that Article 21A do not cover the right to receive education in Hindi. The court also held that �no child or parent can claim it is a matter of right that their ward should be instructed and educated in a particular language or the mother tongue only, based on what has been guaranteed under the Article 21A of the Constitution".

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