LAWS(KAR)-2013-8-245

CHINMAYA VIDYALAYA AND ETC. ETC. Vs. STATE OF KARNATAKA, DEPUTY DIRECTOR OF PUBLIC INSTRUCTION AND THE BLOCK EDUCATION OFFICER ETC. ETC.

Decided On August 01, 2013
Chinmaya Vidyalaya And Etc. Etc. Appellant
V/S
State Of Karnataka, Deputy Director Of Public Instruction And The Block Education Officer Etc. Etc. Respondents

JUDGEMENT

(1.) THE petitioners in these set of writ petitions are running primary and higher primary schools by imparting education in English Medium i.e., in ICSE/CBSE pattern. They were served with the impugned notices by the Education Department to impart education from Standards I to V in Kannada as a medium of instruction or in the mother tongue of the students and to teach Kannada compulsorily as one of the languages as per the policy prescribed by the Government of Karnataka. Petitioners being aggrieved by this condition not to impart education in English medium and only to impart education in Kannada medium or in the mother tongue from I to V standard, are before this Court. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents -State.

(2.) IT appears, in furtherance of the implementation of language policy in the State, the impugned notices/orders/endorsements are shown to have been issued to impart education in Kannada as a medium of instruction only from I to V standard. According to the petitioners, some of them are running ICSE schools and some of them are running CBSE schools. The grievance of the petitioners is that they have adopted the policy of teaching Kannada language as one of the subject compulsorily, but the Government of Karnataka has issued the impugned notices to impart education from Standard I to V in Kannada medium only, which is illegal and contrary to law.

(3.) IT appears, the larger issue with regard to implementation of language policy is pending consideration before the Apex Court. However, so far as ICSE/CBSE pattern is concerned, the same are being prescribed by the educational authorities under the Central Law in the filed of education and also they have their own prescribed syllabus. One of the condition prescribed in the impugned notices is that one of the language shall be imparted in Kannada. That, of course, according to the petitioners, they are imparting education taking Kannada as one of the subject as prescribed by the Government of Karnataka. In so far as implementation of the policy of the Government of Karnataka to impart education only in Kannada Medium appears to be totally out of the scope of the Government of Karnataka. It is further submitted by the counsel for the petitioners that imposition of policy with regard to language so far as courses established under the guidelines and rules framed under the Central Act, either ICSE pattern or CBSE pattern, is contrary to the standard prescribed by the Council for the Indian School Certificate Examinations.