ORDER
Vikramajit Sen, CJ (Oral)
There is no cavil that the controversy before us has been completely answered by the subsequent judgment of the Full Bench reported in Associated Managements of Primary and Secondary Schools in Karnataka v. The State of Karnataka by its Secretary, Department of Education ILR 2008 KAR 2895. It is also not in dispute that although Special Leave Petitions have been filed, Hon'ble Supreme Court has not stayed the operation of the said Judgement. We think it salutary to reproduce the following paragraph of the said Judgment as it encapsulates the dicta set down by the Full Bench:
“198. In the light of the aforesaid discussion and in response to the reference, we record the following conclusions:-
(1) Right to education is a fundamental right being a species of right to life flowing from Article 21 of the Constitution. By virtue of Article 21-A right to free and compulsory primary education is a fundamental right guaranteed to all children of the age of six to fourteen years. The right to choose a medium of instruction is implicit in the right to education. It is a fundamental right of the parent and the child to choose the medium of instruction even in primary schools.
(2) Right to freedom of speech and expression includes the right to choose a medium of instruction.
(3) Imparting education is an occupation and, therefore, the right to carry on any occupation under Article 19(1)(g) includes the right to establish and administer an educational institution of one's choice. ‘One's choice’ includes the choice of medium of instruction.
(4) Under Article 26 of the Constitution of India every religious denomination has a right to establish and maintain an institution for charitable purposes which includes an educational institution. This is a right available to majority and minority religious denominations.
(5) Every section of the society which has a distinct language script or culture of its own has the fundamental right to conserve the same. This is a right which is conferred on both majority and minority, under Article 29(1) of the Constitution.
(6) All minorities, religious or linguistic, have a right to establish and administer educational institutions of their choice under Article 30(1) of the Constitution.
(7) Thus, every citizen, every religious denomination, and every linguistic and religious minority, have a right to establish, administer and maintain an educational institution of his/its choice under Articles 19(1)(g), 26 and 30(1) of the Constitution of India, which includes the right to choose the medium of instruction.
(8) No citizen shall be denied admission to an educational institution only on the ground of language as stated in Article 29(2) of the Constitution of India.
(9) The Government policy introducing Kannada as first language to the children whose mother tongue is Kannada is valid. The policy that all children whose mother tongue is not Kannada, the official language of the State, shall study Kannada language as one of the subjects is also valid. The Government policy to have mother tongue or regional language as the medium of instruction at the primary level is valid and legal, in the case of Schools run or aided by the State.
(10) But, the Government policy compelling children studying in other Government recognized schools to have primary education only in the mother tongue or the regional language is violative of Article 19(1)(g), 26 and 30(1) of the Constitution of India.”
2. Inasmuch as the appellants seek to enforce Kannada as a Medium of Instruction in Primary School i.e, 1st to 4th Standards, the appeal is without merit. It is dismissed, but with no order as to costs.