Hindi 'Imposition' Row: SC Dismisses PIL For Direction To TN, West Bengal And Kerala To Implement NEP

"Not in this petition but will examine in appropriate proceedings," the Supreme Court said on Friday Dismissing a Public Interest Litigation Which Sought Direction To Tamil Nadu, West Bengal, Kerala To Implement National Education Policy which recommends a three language formula. The petition, filed by advocate GS Mani who is the Vice President of the BJP legal cell in Tamil Nadu, argues that these states are constitutionally obligated to adopt the NEP and enter into a Memorandum of Understanding (MoU) for its execution.

Hearing came amidst ongoing debate over allegations over attempt to impose Hindi and Tamil Nadu Chief Stalin’s firm opposition to the three-language formula proposed under the NEP.

A bench comprising Justice JB Pardiwala and Justice R Mahadevanobserved that the Court cannot issue any direction under Article 32 of the Constitution to compel any State to adopt the NEP.

Refusing to entertain the PIL, the Bench said :"Whether the States should adopt the National Education Policy 2020 or not is a vexed issue. The Supreme Court, through Article 32 of the Constitution, can issue directives to ensure that the rights of the citizens are protected. It cannot directly compel a State to adopt a policy like the National Education Policy 2020. The Court may, however, intervene if a State's action or inaction related to the National Education Policy violates any fundamental rights”.

“We do not propose to examine this issue in this writ petition. We believe that the petitioner has nothing to do with the cause he proposes to espouse. Although he may be from the State of Tamil Nadu, yet on his own admission, he is residing in New Delhi. In such circumstances, this petition stands dismissed.", the court added

At the outset Justice Pardiwala asked Adv Mani: "Who are you? How are you concerned with the National Education Policy?".

The response was "I am from Tamil Nadu and is now settled in Delhi, Mani said that because of "this kind of policy" (Tamil Nadu schools not teaching Hindi), he could not learn Hindi easily.

"Then learn Hindi now in Delhi, na?" Justice Pardiwala told Mani.

Tamil Nadu currently follows a two-language policy, teaching only Tamil and English in schools.

As per the PIL, Stalin's view is false, arbitrary, politically motivated and against the fundamental right to free and effective education.

"Though this Hon'ble Court does not generally have the direct power to compel a State government to accept the policy and sign an official Memorandum Of Understanding (MOU). However, it has the authority to issue order directions to the state governments in cases where there is a violation of constitutional provisions or laws, and those directions could, in some circumstances, lead to the state government being compelled to take certain actions," Mani argues.

The plea adds that the States are under a constitutional and legal obligation to implement the NEP and enter into an MOU for it.

Mani has also argued that the policy does not mention anything about imposition of Hindi in the States.

This petition is being filed because all the States Government and Union Territories have implemented the scheme. But States namely Tamil Nadu, Kerala & West Bengal neither they have implemented and signed the MOU with the Central Government nor they have accepted the National Educational Policy 2020.

This Hon'ble Court in catena of cases like Food Security Law, Right to Information Act, Lokpal Bill, Right to Education and Environmental and Animal Welfare Issues have number of times passed order or direction to the erring State Government to implement the Centre Legislation in which larger public fundamental rights are involved, said the PIL.

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