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Landmark judgment
Sir, - Kudos to the bold verdict of the Madras High Court by
which the vexatiously overzealous adventurism of the ``Tamil-
despots'' in the Government of Tamil Nadu had been vociferously
called wrong.
Though the Government was claiming that right to education was
not a fundamental right (which is true from the reading of bare
provision of rights under the Constitution), the court has
categorically declared it as a right that could never be wished
away in toto by an authoritarian order that would frustrate the
equality right under Article 14 of the Constitution.
The declaration by the court should be taken as a re-revelation
of judicial sagacity since the same aspect has been unequivocally
dealt with by the Supreme Court in three judgments viz., Samir vs
State A1982 SC 66 (para 12), Mohini vs State of Karnataka A1992
SC 1858 and Ajay vs Khalid A1981 SC 487 (499). Additionally,
Article 26(3) of the Convention on Rights of Students, accepted
by the Government of India, has come in handy to drive the first
nail in the controversial coffin of linguistic fanaticism.
Legality apart, one does not understand these advocates of Tamil
quoting several foreign countries where the medium of education
happens to be the mother tongue. But they forget that all these
countries have only one mother tongue, which is not the case in
India. Instead of forcing the matter down one's throat, let the
State Government open Tamil medium schools right and left across
the State and try their luck. If people overwhelmingly opt for
Tamil medium, then let the English medium schools meet their
natural death.
K. Parthasarathy,
Pondicherry
Sir, - The judgment upholding the right of parents in the choice
of medium of instruction would please those who detest compulsion
in the matter. There are three factors to be noted.
The verdict is not against the Tamil medium as such. It only
forbids the State to intrude into the private domain of a family
in the matter of education for children. It was a legal battle
between the government and matriculation schools. It wasn't a
holy war between English and Tamil. Neither language has won or
lost.
There is no point in harping over education being commercialised.
Education is a service which can be provided by the private
agencies too and there is enough scope for the Government to
regulate private educational institutions. For instance, the
salary and service conditions of the teachers in unaided schools
call for betterment.
I. S. Kanthimathinathan,
Tirunelveli (TN)
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