Karnataka: Schools seek implementation of High Court verdict

[Harold Schiffman]

Schools seek implementation of High Court verdict

BANGALORE: The Karnataka Unaided Schools Management’s Association has
once again knocked the doors of the High Court seeking direction to
the State government to implement the full bench judgment on the
Language Policy. It is worth recalling that on July 2, 2008, the full
bench of the High Court observed making mother tongue or regional
language a mandatory medium of instruction as “a violation of the
fundamental right”. The bench also quashed the government order dated
April 24, 1994, stating that the government has no power to compel the
unaided education institutions to impart education in Kannada medium.

“Even though government has a right to frame pol icy on educat ion, i
t should not be offensive to the fundamental rights of the citizens,”
the court held. Now, a writ petition was filed in the High Court
seeking direction to implement the full bench judgment.
The petitioner Rajaji Nagar Education Society has argued that since
the apex court has not granted stay on language policy, the state has
to implement the judgment. The government has rejected the
petitioner’s request of seeking permission to change the medium of
instruction from Kannada to English. While rejecting the application
on February 25, 2009 the government said that the spcial leave
petition (SLP) was pending in the Supreme Court , which was
challenging the full bench order of the High Court.

Thus, the government refused to permit the petitioner’s education
society to impart education in English. However, the petitioner
contended that there was no stay upon the full bench order by the
Supreme Court. It was an obligation of the Deputy Director of Public
Instructions (DDPI) to adhere to the rule of law, which he violated by
rejecting the petitioner application. The petition is likely to come
for hearing this week.

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