The Hindu : Karnataka / Bangalore News : ‘Implement verdict on language policy’

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Thursday, Jul 09, 2009
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Karnataka

Karnataka - Bangalore

‘Implement verdict on language policy’

Staff Reporter

High Court says Government has no choice

BANGALORE: The Karnataka High Court on Wednesday once again said that the State Government had no choice but to implement its judgment on the language policy upholding the right of primary school children to study in the medium of instruction of their choice.

The court made it clear that as the State Government had sought a stay from the Supreme Court on the Full Bench judgment of the High Court of July 2, 2008 on the language policy, the judgment continued to operate and that it would have to be implemented.

A Division Bench comprising Justice N. Kumar and Justice A.N. Venugopala Gowda made these remarks when it was hearing a writ appeal by the State on the language policy and several contempt petitions filed by private managements assailing the Government for not complying with court orders.

The State had filed the writ appeal against a single judge order in April 2009. The single judge had quashed the endorsement given by the Deputy Director of Public Instruction (DDPI), Bangalore North, saying that permission for changing the medium of instruction from Kannada to English could not be given as the language issue is pending before the Supreme Court.

Change of medium

When the matter came up on Wednesday, Advocate-General Ashok Haranahalli, said 1,362 schools had filed applications seeking a change in the medium from Kannada to English from the first to the fourth standard. He said the State had sought early hearing of its appeal against the Full Bench order before the Supreme Court and that the Supreme Court had advanced the date of hearing from August 10 to July 21. He urged the court to defer hearing of the appeal and the contempt petitions till July 21.

The Bench pointed out that when the matter came up on Friday last, the same arguments were addressed and that it had given time till Wednesday hoping that the AG would ensure that the officials saw reason and implemented the High Court order.

Permission

It said the Government could grant permission to the schools to start teaching in English pending adjudication in the Supreme Court. In case the Supreme Court stayed the Full Bench order or set it aside, the Government could ask the schools to fall back to teaching in Kannada.

It dismissed the appeal by the State Government and all other interlocutory applications urging it to defer hearing of the matter till July 21.

When the contempt petitions came up for hearing, the AG sought time. The Bench sought to know how many officers in the Government had read the Full Bench judgment.

If they had read the judgment, there would not be so much confusion, it said. It decided to post the contempt petitions to Monday and orally asked the Chief Secretary to file an affidavit detailing the stand of the State on the language policy.

Caveat

Karnataka Unaided Schools Management Association (KUSMA) has decided to file a caveat in the Supreme Court to pre-empt the State Government from obtaining any ex-parte order on the language policy.

KUSMA and some private schools, who have been denied permission by the State Government to switch over to English medium, apprehend that the State might move the Supreme Court after failing to buy time in High Court.

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