Explanation:

A single judge bench of Rajasthan High Court recently set aside Rajasthan government’s decision to convert Shri Hari Singh Government Senior Secondary School in Peelwa, Jodhpur district, to an English medium one.

The court ruled that the conversion of a Hindi medium school to English mid-session violates Article 19 (1) (a) of the Constitution (freedom of speech and expression) and cannot be permitted.

Article 21A of the Constitution provides for “free and compulsory education to all children of the age of six to fourteen years”.

The court held that no child or parent can claim it as a matter of right, that he/his ward should be instructed in a particular language or the mother tongue only, based on what has been guaranteed under Article 21A of the Constitution.

However, at the same time, the court recognised that it could not be held that the right to education is not covered by any of the fundamental rights and stated that it is part and parcel of Article 19 (1) (a), which provides for the freedom of speech and expression.

The bench proceeded to examine the restrictions provided by Article 19 (2), holding that the state government’s decision in the present case, which was purely administrative, is not a “reasonable restriction” under the meaning of Article 19 (2).