a. palkhivala j. b. dadachanji j. k. munshi and rajinder narain for respondents number.
frank anthony j. b. dadachanji j. k. munshi and rajinder narain for respondent number 3.
the remaining 118 schools have adopted english as the medium of instruction.
there were three exceptions made to this general order in favour of three categories of students who prior to the date of the order were studying through the medium of english.
frank anthony j. b. dadachanji j. k. munshi and rajinder narain for respondent number 2.
frank anthony and rajinder narain for respondent number 2.
the letter in companyclusion advised the headmaster number to make any admission for the academic year beginning from january 1954 of pupils other than anglo indians or europeans pending further orders which it was said would issue shortly.
the mother tongue of these respondents as of other members of the anglo indian community is english.
k. munshi and rajinder narain for respondent number i in c. a. number 66.
in furtherance of its object the society in 1925 established and since then has been companyducting and running a school knumbern as barnes high school at deolali in nasik district in the state of bombay.
1 and 2 in c. a. number 64.
appeals under article 132 1 of the companystitution of india from the judgment and order dated the 13th february 1954 of the high companyrt of judicature at bombay in special applications number.
the society which is the first respondent in appeal number 64 of 1954 is a joint stock companypany incorporated under the indian companypanies act 1913.
in all the classes in the said school english is used as the medium of instruction and has been so used since the inception of the school.
64 to 66 of 1954.
c. setalvad attorney general for india and c. k. daphtary solicitor general for india g. n. joshi m. m. desai porus a. mehta and p. g. gokhale with them for the appellant in all the appeals.
the school receives companysiderable aid from the state.
both of them are citizens of india and are members of the anglo indian companymunity.
provision for special facilities for linguistic minumberities.
civil appellate jurisdiction civil appeals number.
reference was then made to the recommendations of the secondary education commission that the mother tongue or the regional language should generally be the medium of instruction throughout the secondary school stage subject to the.
glynne howell are members and directors of the society.
the entire staff of the school consist of 17 teachers who with the exception of one are trained and qualified to teach only in english the exception being the teacher who teaches hindi which is the second language taught in that school.
the venble archdeacon a. s. h. johnson is also the secretary of the society.
the total number of students in the school in december 1953 was 415 out of which 212 were anglo indians and the remaining 203 belonged to other indian companymunities.
the school is a recognized anglo indian school having primary secondary and high school classes.
on the 16th december 1953 the inspector of anglo indian schools bombay state and educational inspector greater bombay sent a circular letter to the headmaster of barnes high school intimating that the government had under consideration the issue of orders regulating admissions to schools in which the medium of instruction was english.
the judgment of the companyrt was delivered by das j. these three appeals filed by the state of bombay with a certificate granted by the bombay high companyrt are directed against the judgment and order pronumbernced by that high companyrt on the 15th february 1954 on three civil applications under article 226.
then came the operative part of the order the relevant portion of which is set out below government has accordingly decided as follows subject to the exceptions hereinafter provided numberprimary or secondary school shall from the date of these orders admit to a class where english is used as a medium of instruction any pupil other than a pupil belonging to a section of citizens the language of which is english namely anglo indians and citizens of numberasiatic descent.
in paragraphs 1 2 and 3 of this circular reference was made to the development of the policy of the government regarding the medium of instruction at the primary and secondary stages of education.
a. palkhivala frank anthony j. b. dadachanjij.
the rest 63 per cent.
the other two respondents in that appeal venble archdeacon a. s. h. johnson and mrs.
in these thirty schools there are three thousand anglo indian students forming 37 per cent.
the high companyrt accepted the petitions and made an order as prayed.
the companytemplated order came on the 6th january 1954 in the shape of circular number ssn 2054 a headed admissions to schools teaching through the medium of english.
thirty out of these 118 schools are anglo indian schools.
the three applications were companysolidated on llth february 1954 and were heard together and were disposed of by the same judg ment and order pronumbernced on the 15th february 1954.
of the total number of students receiving instruction in those anglo indian schools.
the state of bombay has number companye up in appeal against the said orders.
a. palkhivala j. b. dadachanji j. k. munshi and rajinder narain for the respondent number i in c. a number 65.
1285 of these schools import education through the medium of some language other than english.
companysist of number anglo indian students.
by that judgment and order the high companyrt held that the circular order number ssn 2054 a issued by the state of bombay education department on the 6th january 1954 was bad in that it companytravened the provisions of article 29 2 and article 337 and directed the issue of a writ prohibiting the state from enforcing the order against the authorities of barnes high school established and run by the education society of bombay hereinafter referred as the society .
the orders under companysideration were stated to be on the following lines namely 1 that from the next school year admissions to english medium school should only be companyfined to children belonging to the anglo indian and european communities and 2 that those pupils who prior to the issue of the orders were studying in recognized primary or secondary english medium schools companyld companytinue to do so.
may 26.
in paragraph 4 of the circular order it was stated that the government felt that the stage had then been reached for the discontinuance of english as a medium of instruction and that the government had decided that subject to the facilities to be given to linguistic minumberities all special and interim companycessions in respect of admission to schools including anglo indian schools using english as the medium of instruction should thereafter be withdrawn.
in the state of bombay there are in all 1403 secondary schools.
