ANSHUL SINGHAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONERS, students of 10th standard admitted in the 5th respondent school and represented by their natural guardian, are before this Court to declare as arbitrary, illegal and violative of Article 14 of the constitution the action of the respondent-State and the Education Board in directing the study of Kannada as a compulsory subject at the high School level; to quash the Circular dated 25-5-2006 Annexure-"l" issued by the 2nd respondent making Kannada a compulsory subject of study at the High School level; to quash the endorsement dated 13-9-2006 An-nexure-"j" of the 4th respondent.

(2.) PETITIONERS claim to be migrants for the state of Karnataka, on temporary basis, and their stay is dependent upon the service conditions of their parents, working in Central government Departments/establishments, while some have migrated from other States on business purposes. The petitioners, having secured admission in the 5th respondent school for X Standard, opted out of ICSE syllabus for State Syllabus. It is the allegation of the petitioners that the State Government on earlier occasions, permitted students from outside the State, admitted to VIII, IX and X Standards to take Additional England or Hindi as their First language. In other words, by the Government Order, migrant students were exempted from studying Kannada and permitted to study Alternate English or hindi as the first language. It is stated that the validity of the orders of the State of Karnataka permitting to language policy was tested on the anvil of Article 14 of the Constitution of india, by a Full Bench of this Court in the case of General Secretary, Linguistic Minority protection Committee v. State of Karnataka (AIR 1989 Kant 226), and the decision when carried in Special Leave Petition, by the State of Karnataka, to the Supreme Court was dismissed by order dated 8-12-1993. By a subsequent Government order dated 29-4-1994 annexure-"e", State Government made it compulsory for all students including migrants to study Kannada as one of the subjects at the high School level. This order it is said, is subject-matter of challenge in several Writ Petitions which are pending before a Full Bench of this Court. Petitioners assert that, after completion of the IX Standard in the ICSE syllabus, opted for the State syllabus when admitted to the 5th respondent-School, who by letter dated 19-7-2006 Annexure-"h9" requested the Deputy Director of Public Instructions to permit the petitioners, amongst others, to study additional English, in lieu of kannada langauge. The DDPI, by order dated 13-9-2006 Annexure-"j", rejected the said request, in view of the Circular dated 25-5-2006 annexure-"l". In addition, it is stated that students similarly circumstanced, called in question the Circular dated 25-5-2006, by filing w. P. No. 11188/2006, which was disposed of by order dated 18-9-2006 Annexure-"k".

(3.) LEARNED counsel for the petitioners contends that though the 5th respondent-School did not challenge the rejection of the application by order annexure-"j", nevertheless, petitioners being interested parties, aggrieved by the said order, have preferred this Writ Petition. It is next contended that his court having permitted similarly circumstanced students to study Alternate English in lieu of Kannada, by judgment dated 18-9-2006 Annexure-"k", petitioners are also entitled to the very same reliefs. Learned counsel further contends that the Circular Annexure-"l" making Kannada a compulsory third language for the petitioners who opted for State syllabus, is illegal and arbitrary.