If schools want to operate in Gujarat, they should teach Gujarati language: HC

The PIL moved by the NGO Matrubhasha Abhiyan and five trustees of the NGO has sought implementation of a government resolution of April 13, 2018 in “true letter and spirit” by making Gujarati language a mandatory subject in all schools in the state for classes 1 to 8.

The petitioners stated that despite the GR, many schools do not offer Gujarati language as a subject and in several other schools, Gujarati is either provided as an optional language or is not taught from classes 1 to 8. The petitioners also urged the court to direct the state to come out with a policy of protecting, promoting and preserving and propagating Gujarati language in schools and colleges.

While Gujarat on Friday requested the court to add other boards such as CBSE, ICSE and IB as parties to the litigation, as they follow their own curriculum, the court of Justices Sonia Gokani and Mauna Bhatt said that the state cannot consider itself to be helpless.

Justice Gokani remarked, “It is to preserve something, which all of us know, needs to be preserved… All states have been doing (mandating local language) by making the statutory provisions for it, so if in case you’ve missed out, you can also initiate that (through a policy)… In case they (schools) are getting any benefits from the state, it shall need to be made very very clear that once there is a policy, they will have to implement it, otherwise what consequences will follow, it is for you (state) to decide.”

“Court can guide, decide, if needed direct also, but here’s a case which is not an adversarial litigation… They (other boards) can have their curriculum but they cannot say that ‘this might be the policy but we have our own curriculum’, no. If they (schools) need to operate in Gujarat, they will have to do that (offer Gujarati language as a compulsory subject) because that is something where the state has made it explicitly clear… If you feel you (state) are not in a position to undertake it, then the court will direct,” added Gokani.

According to the state’s affidavit filed on December 1, of the nearly 11,000 primary schools in the state, 14 schools do not offer Gujarati language at all. However, according to the petitioners, based on the information gathered on curriculum from individual websites of the schools, the language is not being offered in 91 schools, while 16 schools offer it as an optional subject.

The petitioners in their rejoinder have also submitted that “it is evident that in the tier-1 and 2 cities, there are more number of CBSE, ICSE and IB board schools than similar such schools in other areas. It is observed that these schools tend to promote foreign languages disregarding Gujarati”.