ORDER: Mr. Pratul Kumar Sinha, a practicing Advocate of Nabadwip Court and a social worker, has moved this writ application in person as a Public Interest Litigation. He has two-fold grievances of general nature His first contention is that in the Higher Secondary Examination of 1991 more than 1,70,000 candidates appeared and when the result was announced within 81 days the number of successful candidates was miserably low and the results of over 10,000 candidates remained incomplete. The incomplete results included those candidates also who had brilliant career and some of them did well in the Joint Entrance Examination and were thus deprived of from admission. He further stated that it is practically not possible to publish the result of such a huge number of candidates within 81 days, for the Examiners would never be able to examine the answer scripts within the stipulated period and it is alleged that some of them distributed the answer scripts to their neighboring unemployed educated young men to examine at meagre rates and thereby the answer scripts were not properly evaluated. His another contention is that the performance of tabulation work through computer resulted in innumerable mistakes in results entirely due to the inefficient handling of the Computer Machines by inexperienced hands. 2. The petitioner's second major grievance is that the majority of the students plucked this year in English papers in the Higher Secondary Examination. In Secondary Examination there is only one English paper whereas in the Higher Secondary Examination there are two English papers and at the same time there is hell and heaven difference between the standard of English in Secondary stage and Higher Secondary stage. The petitioner attributes the failure in the English' papers in Higher Secondary purely to the system of education introduced by the State Government which has abolished English at the Primary level. The petitioner attributes the failure in the English' papers in Higher Secondary purely to the system of education introduced by the State Government which has abolished English at the Primary level. This has created wide resentment among the public, intellectuals as well as student community and it is the duty of the Government to appoint a Commission to examine the viability of the large number of irregularities and abnormalities that are happening in the West Bengal Council of Higher Secondary Education as well as to go into the facts whether English should be re-introduced from the Primary Education level because according to the petitioner the abolition of English from Primary Education level has resulted in weakness of English language and is causing large failure in the subject. The petitioner during the course of the argument elaborated his aforesaid points and submitted that if English is introduced from the Primary Education level then it would improve the general standard of learning as well as the improvement of one's vernacular. 3. Mr. Chatterjee, the learned Advocate appearing for the West Bengal Council of Higher Secondary Education, denied the allegations w far as those related to the Council and submitted that it was not extraordinary or something surprising that out of over 170,000 candidates the result of over 10,000 candidates remained incomplete. He further submitted that the results were in the process of being published and the work is going on in full swing. He strongly refuted the allegation that such incident is a "regular phenomenon" with the Council of Higher Secondary Education and also' refused the allegation that the Examiners distributed the answer scripts to others for examination. So far as the question of teaching of English from the Primary level is concerned, Mr. Chatterjee frankly submitted that it is a policy matter for the Government of West Bengal. 4. Let it be stated that in spite of notice served in the office of the learned Government Pleader on 18rh September, 1991 no one appeared on behalf of the State-respondents when the matter was heard on 20th September, 1991 at 2 pm. The Union of India has also been made a party but I do not think so far as the contention of the petitioner is concerned the Union is required to make any submission. 5. I have heard the submissions of the petitioner and Me. Chatterjee. The Union of India has also been made a party but I do not think so far as the contention of the petitioner is concerned the Union is required to make any submission. 5. I have heard the submissions of the petitioner and Me. Chatterjee. The West Bengal Board of Secondary Education Act, 1963 came into force on and from 1st January, 1964 by a Notification issued by the Government of West Bengal on 27th December, 1963. The purpose of the Act of 1963 was to establish a Board of Secondary Education and to define the powers and functions of the Board and to provide for certain other matters connected therewith. The Department of Information and Public Relations, Government of West Bengal, by a Notification dated 9th November, 1972, inter alia, stated that the Government have decided to change the structural pattern of Secondary Education and the decision would be implemented with effect from 1st January, 1973. Also on 9th November, 1972 a Resolution was published in the Calcutta Gazette, Extraordinary, which, inter alia, stated that during the last 15 years or so some defects of the existing system have been brought to the notice of the Government and With a view to remodeling the structural pattern of Secondary Education in the State to suit the needs of the time discussions were held with different organizations of teachers and students and also with academic bodies in the State. After considering all views it has been decided that in conformity with the uniform national pattern of education evolved by the Government of India, the structural pattern of school education in the Stale should be as follows ;- (i) School education shall cover a period of ten years; (ii) The first five years shall cover Primary Education; (iii) The next five years shall cover Secondary Education: (iv) The first ten years of schooling, covering a primary stage of five years and secondary stage of five years, shall provide a course of general education without any specialization but at the secondary stage in class IX and X emphasis shall be laid on the teaching of a socially useful and productive craft or trade, etc." 6. In a Notification of 11th November, 1972 issued by the Education Department, Government of West Bengal, it was indicated that the West Bengal Board of Secondary Education should formulate a new school curricula for Secondary Education and also a detailed syllabi as early as possible. Thereafter the West Bengal Council of Higher Secondary Education Act, 1975 was enacted and published in the Calcutta Gazette, Extraordinary, of 3rd April. 1975. 7. Now let me go back to the Resolution No. 2962 Edn. (S) which was published in the Calcutta Gazette, Extraordinary, of 9th November, 1972. There the structural pattern of school education was made covering a period of ten years; the first five years covering the Primary Education and the next five years covering the Secondary Education. The Government of West Bengal adopte1 a policy of giving Primary Education in the mother tongue (vernacular) of the child and English as a subject was abolished from the Primary Education stage. By the decision of the Government English was introduced from alphabet from Class VI onwards. The intention of the Government was pious and straight forward with the background of speeding literacy and education among the masses through the mother tongue which is primarily Bengali in the State of West Bengal. The other linguistic minorities in the State were also given the same facility. The writ petition primarily challenges the policy decision of the Government of West Bengal of abolishing English from the Primary level and introducing English from Class VI. The writ petition has been moved rather as a Public Interest Litigation. It is very frankly stated by the petitioner that he has no personal interest or gain in filing the writ petition but is doing so on behalf of the general economically and educationally backward classes of people who have no mean to approach the Hon'ble High Court for their ignorance and poverty and their children who are suffering because of the policy adopted by the Government. 8. Before (proceed I must make it clear that the Hon'ble Supreme Court of India drew up Guidelines to be followed for entertaining Letter Petitions received in the Supreme Court as Public Interest Litigation. From the details of the Guidelines it appears that it covers "Letter. Petitions" only received in the PIL Cell and not the Public Interest Litigation as writ applications. From the details of the Guidelines it appears that it covers "Letter. Petitions" only received in the PIL Cell and not the Public Interest Litigation as writ applications. These Guidelines are meant for the Supreme Court and in my opinion cannot any way override the judicial pronouncement of the Supreme Court made in AIR 1984 SC 802 (Vandhua Mukti Morcha v. Union of India & ors.) wherein Public Interest Litigation has been dealt with very elaborately and it has been held by Their Lordships that if a writ petition relating to public interest litigation filed by another person on behalf of aggrieved person suffering from poverty disability or socially or economically disadvantaged position, such a writ petitioner has a locus standi and the PIL is maintainable. In this Supreme Court decision the preliminary objection by the Union Government that no fundamental right was infringed was overruled. 9. Now to come to the issue proper. The main grievance of the petitioner lies regarding the abolition of English from the Primary Education stage. It is a fact that after the abolition of English from the Primary stage the children were totally disassociated with English for the first five years of their school career and for the first time they get the chance of being acquainted with English alphabet from Class VI at the Secondary Education level and within five years had to appear in Madhyamik Examination in English. It is obviously difficult on the part of a child to pick up a foreign language even modestly because the first five years at the Primary Stage are the golden years when the mind of a child grasps the ideas quickly and sharply. it must be noted that those financially affluent generally send their children and wards for education in English Medium Schools and rarely their children or wards rot in Vernacular Medium Schools. This policy has created a gulf and two classes of people emerged out in West Wengal, the affluent and high middle class with their children well trained in English language through English Medium Schools and the middle class people with their children as less fortunate in Vernacular Medium Schools reeling in indiscipline in spite of Government patronage, exceptions apart. Hardly anyone can pinpoint any person of some importance whose son or daughter or relation is not studying in a good English Medium School. Hardly anyone can pinpoint any person of some importance whose son or daughter or relation is not studying in a good English Medium School. This policy is responsible in creating two widely different classes creating gulf of difference in society which is now causing bitterness in the mind of many including a large number of intellectuals. There was a time when it used to be said "what Bengal thinks today India think tomorrow but now it just the reverse. Bengal's proud record of intellectual Supremacy has been nipped into the bud. For a Bengali and one who lives in Bengal the knowledge of the Bengali language is foremost other wise he or the cannot survive in this State or can have an honorable way of livelihood. It is a duty of those who live in the State of West Bengal to emulate the rich Bengali Language and culture. But at the same time it must be said with all fairness and frankness that English must not be said a good-bye the way it is being done now to the determent of Bengalees at large. 10. There is only one paper of English in Madhyamik Examination whereas there are two papers of 'English in the Higher Secondary Examination The English standard of Secondary level is of five years' duration and is of elementary nature and does not teach a student much of English prose or poetry or drama but mainly objective questions are asked in Madhyamik Examination without looking whether the student is acquainted with the basic elementary grammar of the language. When a student after making good result in Madhyamik shifts to the Higher Secondary level in English he finds himself in deep sea. The standard of two English papers in Higher Secondary is of quite high standard with the types and models of questions the students were never acquainted with earlier and two years of coaching in Higher Secondary is not sufficient to bring up the students upto that level. This is the reason why this year such a poor performance was made by the students appearing in the Higher Secondary Examination in English and this is one of the major causes of large number of failure. 11. This is the reason why this year such a poor performance was made by the students appearing in the Higher Secondary Examination in English and this is one of the major causes of large number of failure. 11. There is no denying that cross-sections of people having different shades of opinion are realising that there is some wrong somewhere and the language policy of the Government of West Bengal requires some pragmatic changes for the good of the people at large. It is not the duty of the High Court to dictate to the Government what policy it shall adopt or pursue, it is the duty of the Government to think over the matter and after extensive consultation with men of learning, intellectuals, academicians and academic bodies as well as the senior representatives of the student community come to a decision on this subject of vital importance which affects the future of the people of the State. The importance of English cannot be minimized in the fields of science, technology, medicine, and other branches of learning including subjects of arts and without some grasp over the language one cannot be perfect. India is destined to playa major role in the world arena and the moment West Bengal will open its window towards the West it will find itself in deep sea if a Bengali has no sufficient knowledge of the English language. It must be said in all fairness that the British rules gave a precious gift to the people of India in the tape of English language and that must be acknowledge with gratitude whatever might be their atrocities, cruelties and political treacheries. The root of the English language must not be allowed to be weakened any more and efforts must be made with right earnest to restore and uplift it. 12 I cannot resist the temptation to quote from the memorable judgment what Chief Justice Carew said while delivering opinion in the House of Lords in Re: the Earldom of Oxford (82 ER 50) : "The cycle of change and experiment, rise and fall, growth and decay, end of progress and retrogression recurs endlessly in the history of man and the history of civilization. T.S. Eliot in the First Chorus from "The Rock" said :- “O perpetual revolution of configured stars, “O perpetual recurrence of determined seasons, O world of spring and autumn, birth and dying The endless cycle of idea and action, Endless invention, endless experiment." 13. The Court is to play its allotted rote of serving the needs of the people. The Court must keep vigil and watch the heartbeats of the society and the needs and aspirations of the people and see whether the policy of the Government can remain immutable under changed circumstances if the Court thinks fit and appropriate it can definitely direct the Government to do the needful and set its policy right. The Court cannot take upon itself the task of framing policy but certainly has the jurisdiction of weighing it judicially. 14. In the circumstances I direct the Government of West Bengal to take a policy decision relating to the deteriorating condition of the standard of English after abolishing it from the Primary Education level in the light of defects of the existing system during the last several years. The Government must review the matter in its entirety after extensive investigation or consultation either by forming an Expert Commission or by inviting suggestions and views from those who count in the field of education as well as academic bodies, and take a decision within, a reasonable period preferably four months from the date of communication of the order. The Chief Minister is directed to see that the review of the education policy, as referred to hereinbefore, is done under his personal guidance which will act as scintillating solitaire and thwart Schadenfreude. 15. The Minister in-Charge of Higher Secondary Education, Government of West Bengal, is directed to probe into the various irregularities which have surfaced this year in the declaration of the Higher Secondary Examination results thereby putting hundreds and thousands of candidates in doldrums, Effective measures must be taken by the Government and the West Bengal Council of Higher Secondary Education so that such herculean blunders must not be repeated next year. 16. This writ application is disposed of accordingly with aforesaid direction". 17. 16. This writ application is disposed of accordingly with aforesaid direction". 17. Let two copies of this Judgment be forwarded to the Chief Secretary to the Government of West Bengal with a direction to place one before the Hon'ble Chief Minister of West Bengal as this is a policy decision to be taken by the Government of West Bengal. Another Copy of the Judgment the Chief Secretary shall place before the Minister-in-Charge of Higher Secondary Education to implement the direction of the High Court. 18. The Registrar, Appellate Side, is directed to forward to the Chief Secretary to the Government of West Bengal two xerox copies of this Judgment requesting him to place the same as directed hereinbefore. 19. Let xerox copies of this Judgment be made available to the petitioner and any person interested with education on usual undertaking and upon compliance of necessary formalities. Application disposed with direction to the government to take a policy decision relating to the standard of English education in the State.