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HC: Consider Retrospective Recognition to English Medium Schools
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By
<span class="">Express News Service</span>
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<span class="">Published:</span> 12th December 2014 05:59 AM
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<span class="">Last Updated:</span> 12th December 2014 05:59 AM
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<a id="openEmailBox" href="http://www.newindianexpress.com/states/karnataka/HC-Consider-Retrospective-Recognition-to-English-Medium-Schools/2014/12/12/article2567372.ece#"></a><span class=""><br></span>
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<p>BENGALURU: The Karnataka High Court has held that applications
seeking recognition as English medium schools must be considered with
retrospective effect from the year in which the schools had first
applied for it.</p><p>Justice A S Bopanna passed the order earlier this
month while striking down the state government’s endorsement for
rejecting the applications of the schools on the ground that a petition
was pending in the Supreme Court.</p><p>The court further held that if
by a subsequent circular the education department had brought in any
additional requirements to be complied with for giving recognition,
those conditions would be applicable only from the time the circular was
issued. </p><p>It said that the department cannot stress on the conditions retrospectively.</p><p>Justice
Bopanna was hearing the petition filed by Kannada Nuthana Vidyasamsthe,
an institution based in Chikkamagaluru district. In 2008, the
institution had sought permission to start an English medium school from
classes 1 to 5. The education department rejected the application on
the ground that the state’s language policy does not permit English
medium schools. </p><p>In 2009, the department again rejected the
school’s application. When the Karnataka High Court’s Full Bench quashed
the state government’s language policy the same year, the school again
approached the education officer. The department again rejected the
application stating that the state had filed a special leave petition
before the apex court challenging the verdict of the Karnataka High
Court. </p><p>However, the apex court had asked the government not to
pass any closure orders of unrecognised schools in the meantime. The
school which had already made all arrangements to start the English
medium school went ahead with its plans.</p><p>Even though the Supreme
Court had struck down Karnataka’s language policy in May this year, the
government again refused to consider the school’s plea on May 20 seeking
recognition from 2009-2010. </p><p>The government also stated that as the issue pertained to the year 2009-10, it could not be considered at that juncture. </p><p>The school then moved the Karnataka High Court.</p><p>The
court held that as the school had made the proposal in accordance with
law and its request was being denied only on the ground that the matter
was pending before the apex court at that stage, the state had to
consider the school’s request as it had already commenced the course.
The court said, “Moreover, as this court had directed the state to
consider the case of the petitioner in the light of the decision of the
Full Bench, it was necessary for the state to consider the application.”</p>
</div> <a href="http://www.newindianexpress.com/states/karnataka/HC-Consider-Retrospective-Recognition-to-English-Medium-Schools/2014/12/12/article2567372.ece">http://www.newindianexpress.com/states/karnataka/HC-Consider-Retrospective-Recognition-to-English-Medium-Schools/2014/12/12/article2567372.ece</a> <br></div><br clear="all"><br>-- <br><div class="gmail_signature">**************************************<br>N.b.: Listing on the lgpolicy-list is merely intended as a service to its members<br>and implies neither approval, confirmation nor agreement by the owner or sponsor of the list as to the veracity of a message's contents. Members who disagree with a message are encouraged to post a rebuttal, and to write directly to the original sender of any offensive message. A copy of this may be forwarded to this list as well. (H. Schiffman, Moderator)<br><br>For more information about the lgpolicy-list, go to <a href="https://groups.sas.upenn.edu/mailman/">https://groups.sas.upenn.edu/mailman/</a><br>listinfo/lgpolicy-list<br>*******************************************</div>
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