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Wednesday, April 26, 2000

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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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