Parrikar’s view
The issue would come under section 21 A, which says ‘free and compulsory education is as per policy determined by the State’.
Supreme Court order
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.
Article 21 and 21A does not determine choice of MoI
The court first outlined the articles: “Under Articles 21 and 21A of the Constitution, therefore, a child has a fundamental right to claim from the State free education upto the age of 14 years such free education which a child can claim from the State will be in a manner as the State may, by law, determine. The child cannot claim as of right under Article 21 or Article 21A of the Constitution that he has a right to choose the medium of instruction.
Supreme Courts’ conclusion: A child, and on his behalf his parent or guardian, has the right to choose the medium of instruction at the primary school stage under Article 19(1)(a) and not under Article 21 or Article 21A of the Constitution.
