The Rajasthan High Court has recently directed that if any student, who is willing to be educated in Hindi medium, should not be left out of the education system and would be entitled as of right to seek admission in any of the available schools which have been stated in the reply affidavit filed by the Rajasthan government.
The Division Bench of Justice Manindra Mohan Shrivastava and Justice Madan Gopal Vyas disposed of a PIL filed by one Sohani Devi Gurjar, who at the time of filing the petition was Sarpanch of Gram Panchayat Kharchi, Panchayat Samiti Marwar Junction, Tehsil Marwar Junction, District Pali, seeking to espouse the cause of those who were not willing to allow their wards to study in English medium school.
The petitioner’s case is that a policy decision has been taken by the respondent State, under which 340 schools in the State providing education up to 8th standard have been converted into English medium schools. While the policy as such is not under challenge, the petitioner seeks to highlight the local problem that the decision, which has been taken to convert the only school situated in Gram Panchayat Kharchi, will leave all those students, who are willing to continue in Hindi medium, in lurch without having any education facilities available in any Hindi medium school. A number of representations have been preferred before the authorities, but the authorities have not made any alternative arrangement and those, who are willing to continue in Hindi medium school, do not know where to go and take up the admission.
Though it is not on record, during the course of arguments, the Counsel for the petitioner has brought to the notice of the High Court the memo dated July 24, 2020 of the District Education Officer as also letter dated July 23, 2020 of the Block Education Officer to state that recommendations have been made to the Director, Secondary Education, Rajasthan for allowing Hindi medium school to continue, but decision in this regard has not been taken.
A reply has been filed by the respondents stating that under an education policy of providing better education and making students more proficient in the language, a decision was taken to convert some of the schools into English medium schools. Referring to Circular dated June 14, 2019, it has been argued that the option of the students to study in Hindi medium school has not been altogether closed, but the policy clearly provides that in the nearby school, facilities may be provided to those who are willing to continue to take education in Hindi medium. Further referring to the averments made in the reply, it has been stated that though the school in respect of which grievance has been raised in this petition, has been converted into English medium school, there are as many as three schools operating in the near vicinity where the students, who willing to take admission in Hindi medium school, may be provided education in Hindi.
The petitioner’s grievance that conversion of the Hindi medium schools into English medium would also withdraw the hostel facilities to girl students has also been replied by stating that hostel facility and all other facilities are continuing as it is. The statement so made on affidavit in the reply has not been controverted.
The petitioner has not challenged the policy of the Government to convert some of the schools as English medium schools, but it has been restricted mainly to the difficulties which a student willing to take up education in Hindi medium school may face in the Gram Panchayat area of Gram Panchayat, Kharchi where the petitioner is Sarpanch.
As the policy of the State, which has been promulgated on 14.06.2019, is not under challenge, but its implementation in a particular area is under challenge, the court would be confined its consideration only to that aspect.
The Court observed,
“Undeniably the existing Hindi medium school in the area of Gram Panchayat, Kharchi has been converted into English medium school. Nevertheless, averment made in the reply is that in the vicinity within 2 km as many as three Hindi medium schools are running where the students willing to take education in Hindi medium may get admission, we find that the grievance raised by the petitioner is not genuine. The hostel facility is also being continued as clearly stated in the reply of the respondents, to which no rejoinder has also been filed.”
It is noted by the Bench that there is no material on record to show that the students, who are willing to take education in Hindi medium, have not been granted admission in any school and have been left out of the education system. There had been certain recommendations which have also been made by the authorities to consider local needs in the matter of consideration relating to running of English medium school in the area.
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On totality of the circumstances, the High Court found that the policy of the Government providing for an option and on facts in the present case, there being availability of as many as three schools in the near vicinity, we are not inclined to issue any specific direction as against conversion of one of the schools into English medium school.
“We, however, direct that if any of the student, who is willing to take education in Hindi medium, should not be left out of the education system and would be entitled as of right to seek admission in any of the available schools which have been stated in para 2 of the reply affidavit filed by the respondent State. We also place on record clear undertaking given by the State that the hostel facility and all other facilities of the school which were in existence while the school was imparting education in Hindi medium, will continue as it is. With the aforesaid directions and observations, the petition is finally disposed of”
-the Court observed.