[lg policy] Karnataka: High Court: Consider Retrospective Recognition to English Medium Schools

[Harold Schiffman]

 HC: Consider Retrospective Recognition to English Medium Schools

By Express News Service

Published: 12th December 2014 05:59 AM

Last Updated: 12th December 2014 05:59 AM

<http://www.newindianexpress.com/states/karnataka/HC-Consider-Retrospective-Recognition-to-English-Medium-Schools/2014/12/12/article2567372.ece#>

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.

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.

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.

It said that the department cannot stress on the conditions retrospectively.

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.

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.

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.

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.

The government also stated that as the issue pertained to the year 2009-10,
it could not be considered at that juncture.

The school then moved the Karnataka High Court.

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.”

http://www.newindianexpress.com/states/karnataka/HC-Consider-Retrospective-Recognition-to-English-Medium-Schools/2014/12/12/article2567372.ece


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