Constitution of India – Arts.19(1)(a), 136 – Linguistic minority – Inclusion of the Rajasthani language in Schools – PIL by the appellants seeking a direction to the respondents to include the Rajasthani language in the examination syllabus for recruitment to the post of Teacher, under the Rajasthan Eligibility Examination for Teachers, 2021, and to impart education to children in the Rajasthani language or the relevant local language – Petition dismissed by the High Court holding that a writ of mandamus can be issued only upon the petitioners/appellants establishing an enforceable legal right and demonstrating a corresponding failure on the part of the State authorities to discharge a statutory duty – Correctness: Held: Primary relief as regards the inclusion of the Rajasthani language in the examination syllabus of the REET-2021, rendered infructuous since the recruitment process has been conducted and concluded, and attained finality long back – However, the issues raised touches upon broader questions of constitutional significance concerning the recognition of language in the sphere of education and public employment – Right to receive education in one’s mother language finds its normative basis in Art.19(1)(a), for the guarantee of freedom of speech and expression necessarily encompasses the right to receive information in a form that is both meaningful and comprehensible – True value of this freedom lies not merely in the ability to communicate, but in the ability to understand, internalize, and process information so as to make informed choices – Thus, education, being a primary vehicle for transmission of knowledge, must, to the extent practicable, be imparted in a language that the child understands best – Instruction in the mother language, or a language of choice, fortifies the learner’s conceptual clarity, ensures deeper cognitive engagement, and secures the constitutional promise of meaningful access to knowledge – However, despite such clear policy articulation by the Central Government, there appears to be a substantial deficit in the actual implementation of these commitments by the State at the ground level – Continued inaction and inadequacy on the part of State Government in operationalising this mandate not only undermines statutory and policy directives but also risks infringing fundamental rights guaranteed under Part III of the Constitution – State submitted that only those languages as are enumerated in the Eighth Schedule to the Constitution are presently taught as subjects in Government Primary and Upper Primary Schools, and that, consequently, there exists neither any policy decision nor administrative framework to recognise or adopt the language in question as a medium of instruction or as a subject for recruitment – This approach cannot be regarded as satisfactory, for it reflects an utter failure to translate constitutional assurances into concrete action, and, if accepted, would risk reducing the rights recognised under the Constitution to a mere formality and the broader constitutional commitment to linguistic diversity and meaningful access to education – Court cannot remain a silent spectator to the stark dilution of rights so clearly recognised in constitutional text, legislative enactments, and binding precedents – Once the Union itself has, through legislative measures and policy frameworks, acknowledged the necessity of imparting education in a language intelligible to the child, a corresponding obligation arises for the States to take timely, effective and purposive steps towards its realisation – In the absence of an appropriate policy framework, this Court would be failing in its constitutional duty were it to remain indifferent to the continued non-realisation of rights and obligations so clearly envisaged under the Constitution – State of Rajasthan to formulate an appropriate and comprehensive policy for the effective implementation of the constitutional mandate relating to mother tongue-based education, particularly in the backdrop of the National Education Policy, 2020 – State to take necessary measures to recognise and accord due status to the Rajasthani language as a local/regional language for educational purposes and to progressively facilitate its adoption as a medium of instruction, initially at the foundational and preparatory stages of schooling and progressively at higher levels, in a manner consistent with constitutional principles and pedagogical requirements – State to take affirmative and time-bound steps towards introducing and providing Rajasthani as a subject in all schools, government and private, in a phased and progressive manner consistent with the constitutional and policy framework. [Paras 31, 32, 42, 44-52]
Constitution of India – Part XVII, Arts. 343 to 351 – Language – Role and significance of, in the context of education and constitutional guarantees – Constitutional recognition of the importance of the mother tongue in early education – Explained. [Paras 10-19]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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