DH
Bangalore, Jul 3: In a landmark judgment, the Karnataka High Court on Wednesday quashed a section of the government order dated April 24, 1994, that makes mother tongue or regional language mandatory as the medium of instruction, for primary unaided private schools.
However, it has upheld the government policy to have mother tongue as the medium of instruction in aided and government-run schools.
Hearing a petition by the Karnataka Uniaded Schools Managements Associations and M R Srikanth, who have challenged the government order, the full bench comprising Chief Justice Cyraic Joseph, Justice Manjula Chellur and Justice N Kumar declared that the government policy compelling children in unaided schools to have education only in mother tongue or regional language as violation of Article 19(1) (g), 26 and 20(1) of the Constitution.
With this, nearly 3,000 unaided private school managements that had been de-recognised by the State Government, can now heave a sigh of relief. But the Minister for Primary and Secondary Education Visveshwara Hegde Khageri said the government will take the decision on restoring the recognition only after studying the High Court order.
Further, the court in its 312-page judgment said: “Right to freedom of speech and expression includes the right to choose a medium of instruction and the State Government decision to impose a medium of instruction is a violative of it.”
The court said the government had power to formulate a language policy and implement it, but it should not offend the fundamental rights of citizens.
The court said the government policy to introduce Kannada as the first language for children whose mother tongue is the same, is valid. Even the policy to teach Kannada, the official language of the State as one of the subjects is also valid.
The HC observed that policy to have primary education in Mother tongue or regional language could be implementated in all government and government aided school. There is no compulsion for any child to get admitted to such schools.
The Court has said that government cannot compel to have primary education in mother tongue or regional language, it also cannot prevent a child from having education in a medium of instruction of his choice. “It becomes unreasonable restriction on the exercise of fundamental rights.”
Ruling that all minorities, religious or linguistics have a right to establish and administer institution of their choice under article 30(1) of the Constitution, the Court said that imparting education is an occupation and therefore the right to carry on any occupation includes the right to establish and administer an educational institution of one’s choice.
“The state can formulate regulation and impose them on unaided institutions as a condition precedented for getting recognisation of schools. But, under the guise of regulations, the State cannot pressurise a particular language as a sole language as medium of instruction,” observed the court.
Background: The government on 29, April 1994 issued a gazette notification saying that mother tongue of the Child or Kannada should be the medium of instruction, from Ist standard to IV std. However, the petitioners challenged the matter before the HC on May 19, 1994, seeking directions setting aside the order of the state.
Minister’s take
Primary and Secondary Education Minister Visveshwara Hegde Kageri said his government will not hesitate to appeal against the HC order in case the order jeopardises the interest of Kannada.
“I am yet to go through the court order. I will hold meetings with officials, pro-Kannada organisation and writers besides legal experts before deciding the next course of action”, he added. To a persistent query whether the government would move SC on the issue, he said he will have to read the judgement and later he can react. Asked what would be the status of de-recognised schools, the minister said, “let me read the judgement”.