(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.
(2) No citizen shall be denied admission into educational institution maintained by the State or receiving aid out of State funds on ground only of religion, race, caste, language or any of them."
Clause (1).-
Clause (1) gives protection to every section of the citizen having a distinct language, script or culture by guaranteeing their right to conserve the same. If such sections desires to preserve their own language and culture, the State would not stand in their way. Article 29(1) includes the right to agitate for the protection of the language. Making promises by a candidate to work for the conservation of the electorate's language does not amount to a corrupt practice.
The Supreme Court has emphasized that the purpose and object of the linguistic States, which have now come to stay in India, is to provide greater facility for the development of the people of the area educationally, socially and culturally in the regional language. The concerned State or the University has every right to provide for the education of the majority in the regional medium.
D.A.V. College, Jullundur v. State of Punjab, MANU/SC/0039/1971 : AIR 1971 SC 1737: 1971 (Supp) SCR 688: (1971) 2 SCC 269. The Supreme Court observed that this provision cannot be read as requiring the minority institutions affiliated to the Guru Nanak University to teach in the Punjabi language, or in any way impeding their right to conserve their language, script and culture.
Clause (2).-
The right to admission into an educational institution is a right which an individual citizen has as a citizen and not as a member of any community or class of citizens.
State of Bombay v. Bombay Education Society, MANU/SC/0029/1954 : AIR 1954 SC 561: 1954 SCJ 678: 1955 SCR 568. An order issued by the Bombay Government banning admission of those whose language was not English to a school using English as a medium of instruction was declared invalid under article 29(2).
Distinction between article 29(2) and article 15(1).-
Article 15(1) also prohibits discrimination on ground of religion, race, sex, caste or place of birth. There are, however, significant differences between article 15(1) and article 29(2). While article 15(1) protects all citizens against discrimination by the State on the grounds stated therein, article 29(2) extends protection against the State, or anybody else, who denies the right conferred by it. Article 15(1) prohibits discrimination on the grounds of sex or place of birth whereas article 29(2) does not mention these grounds.
(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institution of their choice.
(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.
(2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.
The expression 'minority' in article 30 remains undefined though the Court has observed that it refers to any community which is numerically less than 50 per cent. of the population of a particular State as a whole when a law in consideration of which the question of minority right is to be determined is a State law.
D.A.V. College, Bhatinda v. State of Punjab, MANU/SC/0038/1971 : AIR 1971 SC 1731: 1971 (Supp) SCR 677: (1971) 2 SCC 269. The University declared that Punjabi would be the sole medium of instruction in the affiliated colleges. The Court held that the right of the minority to establish and administer educational institutions of their choice includes the right to have a choice of medium of instruction also.
State of Bihar v. Syed Asad Raza, MANU/SC/0616/1997 : AIR 1997 SC 2425: 1997 AIR SCW 2339: JT 1997 (5) SC 97: MANU/SC/0616/1997 : (1997) 11 SCC 442: 1997 (2) SCJ 304: (1997) 3 SCR 658: (1997) 3 SCALE 723: 1997 (4) Supreme 587. It has been held that for creation of post in a minority institution for appointment, prior approval of the vice-chancellor is not necessary and the persons so appointed would be entitled to grant-in-aid.
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