Denial of right to parent/child to choose medium of instruction in school, whether valid?

State of Karnataka v. Associated Mgmts. of Eng. Medium Primary & Secondary
Schools, (2013) 11 SCC 72
Constitution of India
Arts. 21-A, 21, 51-A(k), 350-A, 14, 19, 29, 30, 39(f), 141 and 137 - Right to primary education - Medium of instruction in
Classes 1 to 4 - State of Karnataka restricting medium of instruction to either mother tongue or Kannada - Denial of right
to parent/child to choose medium of instruction in school, whether valid and justified - Matter referred to Constitution
Bench - Other issues incidental thereto, involved - Considering the constitutional importance of the issues raised and
also considering that the matter had been touched upon by another Bench of similar strength (i.e. two-Judge Bench), the
Registry directed to place matter before the Chief Justicefor being considered for reference to a Constitution Bench,


Arts. 21-A, 21, 51-A(k), 350-A, 14, 19, 29, 30, 39(f), 141 and 137 - Right to primary education - Medium of instruction in
Classes 1 to 4 - State of Karnataka restricting medium of instruction to be either mother tongue or Kannada - Denial of
right to parent/child to choose medium of instruction in school except mother tongue or Kannada, whether valid and
justified - Issues required to be referred to the Constitution Bench formulated and stated - (a) What does mother tongue
mean? (b) If it refers to the language in which the child is comfortable with, then who will decide the same? (c) Whether a
student or a parent or a citizen has a right to choose a medium of instruction at primary stage? (d) Does the imposition of
mother tongue in any way affect the fundamental rights under Arts. 14, 19, 29 and 30 of the Constitution? (e) Whether
government recognised schools are inclusive of both the government aided schools and private and unaided schools? (f)
Whether the State can by virtue of Art. 350-A of the Constitution compel the linguistic minorities to choose their mother
tongue only as medium of instruction in primary schools? - Apart from the abovesaid issues, the Constitution Bench
would also take into consideration any other ancillary or incidental questions which may arise during the course of
hearing of the case, 

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