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JUDGMENT (WITH CIVIL APPEALS NOS. 1695/1997, C.A. 8214/1995) RAJENDRA BABU, CJI. :

WRIT PETITION (CIVIL) NO. 132 OF 1995 This petition stems from a policy decision made by Maharashtra State Government whereby Marathi language study was made compulsory throughout the schools in that State. As a result, the English Medium Schools run by Gujarati linguistic minorities were compelled to teach four languages (Hindi, English, Marathi and mother tongue- Gujarati) as against the accepted 'three-language formula'. Constitutional validity of the imposition of Marathi language as a compulsory study in schools run by linguistic minorities is the main matter for judgment in this case.

The State of Maharashtra maintained the stand that the imposition of Marathi language or asking the schools to follow particular syllabi is a matter of State policy; that this position is settled by this Court in English Medium Students' Parents Association v. State of Karnataka and others 1994 (1) SCC 550; that the considered policy decision of the State is based on the recommendations of the Education Commission, the National Education Policy, the expert opinion of several educationalists and the need to spread its regional language; that the Writ Petitioners had not considered the necessity of teaching Marathi language form the perspective of the need of the whole State of Maharashtra; that the imposition of Marathi language is not against the fundamental rights of the citizens, on the contrary the larger welfare of student community has been kept as the paramount consideration; that there is no bar to establish a non-Marathi regional language medium school in Maharashtra but Marathi language has also to be taught in such schools; that all the States have switched over to making their regional language as the compulsory language of study since 1968; that the education policies of 1968 and 1986 has been instrumental in the process of national integration and the students belonging to different linguistic minority groups will be better equipped to get themselves assimilated in the culture and life of people of Maharashtra; that the mother tongue of more than 80% students, whose mother tongue is not English and studying in English medium schools is Marathi; that the State has a right to determine the policies which help in the development of regional language; that the students whose mother tongue is not Marathi in English medium schools have the facility of studying their mother tongue as a composite subject of 50 marks; that as per the revised pattern of study of languages in English medium schools the students are required to study three languages- English and Marathi, and the third language either as full paper or in composite patters (Hindi 100 marks, or Hindi + one of the modern Indian language taught in the State, or Hindi + one classical language taught in the State); that therefore they submitted that the policy decision taken by the State to make Marathi language a compulsory subject is not violative of Articles 29 or 30 or any other provisions of the Constitution and prayed to dismiss the Petition.

In the light of the above-discussed cases, it is clear that the State can impose reasonable regulations on the institutions covering Article 30 for protecting the larger interest of the State and the nation. The 'choice' that could be exercised by the minority community or group is subject to such reasonable regulations imposed by the State. While imposing regulations, the State shall be cautious not to destroy the minority character of institutions. It is not the case of Petitioners herein that the Respondents prevented them from teaching Gujarati language. On the other hand they are only challenging the compulsory imposition of Marathi language for students and asking for a right 'not to learn' Marathi language while living in the State of Maharashtra. The regulation in this case imposed by the State of Maharashtra upon the linguistic minority right is to make Marathi language a compulsory course in school syllabi. The issue for resolution here is to find whether this action is reasonable or not. The impugned policy decision was taken by keeping the larger interest of the State, because the official and common business is carried on in that State in Marathi language . A proper understanding of Marathi language is necessary for easily carrying out the day-to-day affairs of the people living in the State of Maharashtra and also for proper carrying out of daily administration. Hence the regulation imposed by the State of Maharashtra upon the linguistic minorities to teach its regional language is only a reasonable one. This Court ruled that the right of minorities to establish and administer educational institutions of 'their choice' under Article 30(1) read with Article 29(1) would include the right to have choice of medium instruction. (See generally the Constitution Bench decisions in DAV College, Bhatinda v. State of Punjab 1971 (2) SCC 261 and DAV College v. State of Punjab 1971 (2) SCC 269). But this exercise of 'choice' of instructive language in schools by the linguistic minorities is subject to the reasonable regulation imposed by the concerned State. A particular State can validly take a policy decision to compulsorily teach its regional language. (See also English Medium Students' Parents Association case - Cited supra). In our opinion, the impugned decision taken by the Government of Maharashtra is within the regulatory ambit of Article 30. It is a reasonable one, which is conducive to the needs and larger interest of State.
The impugned circular wherein the compulsory imposition of Marathi language was made on all non-Marathi medium schools directed the authorities to start teaching Marathi language from Class V onwards. Hence the children at the tender age are not burdened to learn an additional language. They could very well learn in their mother tongue. According to the accepted 'three-language formula' the new language could only be taught from class V. On this count also the impugned policy cannot be found fault with. The Bombay city / region is now within the territorial limits of State of Maharashtra therefore, it is not necessary to look into this matter from the perspective of original State of Bombay when the State and city of Bombay was treated as a bilingual nor advert to reorganization details or number of Gujarati speaking population in that region.