M V LATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By consent of learned counsel, these writ petitions are treated as having been posted for hearing and I have heard them.

(2.) The short point which arises for consideration and decision in these writ petitions relates to study of Sanskrit by students of VIII to X standards in the Secondary Schools of the State of Karnataka.

(3.) The State Government in the process I of implementing the language policy to be adopted in primary and secondary schools pending decision of the matter in appeals before the Supreme Court, directed against the orders of this Court in Writ Petition No. 28566 of 1982 and connected matters, has issued an order G.O. No. ED 87 PROU SE BHA 88, dated 19-6-1989 (Annexure-A) thus: "Proceedings of the Government of Karnataka Sub: Implementation of Language Policy to be followed in the Primary and Secondary Schools - reg. Read: G.O. No. ED 113 SOH 79, dated 20-7-82. Preamble : As per the recommendation of Gokak Committee, the State Government made an order dated 20-7-82 cited above, prescribing that Kannada should be the sole first language at the Secondary School level from the academic year 1987-88 leaving the choice to the students in respect of only the other languages out of the list of languages, in which Kannada is also one. The order also directs that teaching of Kannada shall be compulsory from the first year of the primary school in non-Kannada schools and to children whose mother tongue is not Kannada, with immediate effect. The abovesaid Government Order dated 20-7-1982 was challenged in the High Court in W.P. Nos. 28566, etc., of 1982, 1006/83, 18848/ 87 and 1097/ 88 (reported in AIR 1989 Kar 226). On a reference made to the Full Bench, it expressed its opinion on the three questions referred to it as follows: (Para 60) The Government Order dated 20th July, 1982 in so far as it relates to the making of study of Kannada as a compulsory subject to children belonging to linguistic minority groups from the first year of the primary school and compelling the primary schools established by linguistic minorities to introduce it as a compulsory subject from the first year of the primary school and also in so far it compels the students joining High Schools established by linguistic minorities to introduce Kannada as the sole first language in the Secondary Schools, is violative of Arts.29(1) and 30(1) of the Constitution. The Government Order dated 20-7-1982 in so far it relates to the making of study of Kannada as a compulsory subject to children belonging to linguistic minority groups from the first year of the primary school and compelling the primary schools established by linguistic minorities to introduce it as a compulsory subject from the first year of the primary school and also in so far it compels the students joining high schools to take Kannada as the sole first language and compel the high schools of linguistic minorities to introduce Kannada as the sole first language in the secondary schools is viblative of the pledge of equality guaranteed under Art.14 of the Constitution. On the facts and in the circumstances of the case, the Circular dated 11-8-1982 issued by the Director of Public Instruction of the State Government is violative of Arts.14, 29(1) and 30(1) of the Constitution. Thereafter, the cases were finally disposed of by the Division Bench, which allowed the writ petitions, inter alia, with the following observations: The impugned Government Order dated 20-7-1982 as also Circular dated 11-8-1982 issued by the Director of Public Instruction pursuant to the aforesaid Government Order, are declared void as offending Arts.14, 29(1) and 30(1) of the Constitution. The Government shall, however, be at liberty: (a) To introduce Kannada as one of the two languages from that primary school class from which study of another language in addition to mother tongue is made obligatory as part of the general pattern of primary education; and (b) to make study of Kannada compulsory as one of the three languages for study in secondary schools, by making appropriate order or rules, and make it applicable to all those whose mother tongue is Kannada and also to linguistic minorities who are and who become permanent residents of this State, in all primary and secondary schools respectively, whether they are Government or Government recognised, including those established by any of the linguistic minorities. Government have preferred an appeal to the Supreme Court of India against the orders of the High Court. The said appeal has been admitted in the Supreme Court, but no stay order has been issued. Since the academic year has already commenced, it is necessary to take air immediate decision on the language to be adopted in primary and secondary schools, bearing in mind the orders passed by the High Court in the aforesaid writ petitions. In these circumstances, the State Government, pending final decision in the appeal preferred to the Supreme Court of India, and after having taken into consideration all relevant aspects, are pleased to frame a language policy to be followed in primary and secondary schools and accordingly issue the following orders: G.O.No. ED 87 PROU SE BHA 88, Bangalore, Dated 19-6-1989. In the circumstances explained in the preamble of this G.O. Government are pleased to order that the following language policy shall be implemented in the Primary and Secondary Schools pending final decision of the Supreme Court. (i) From 1st Standard to IVth Standard, mother tongue will be the medium of instruction, where it is expected that normally only one language from Appendix I will be the compulsory subject of study. From IIIrd Standard onwards Kannada will be an optional subject for non-Kannada speaking students. This will be taught on a purely voluntary basis and it will not be at the cost of any other instruction imparted in the school or any other school activity in which all school children participate. There will be no examination at the end of the year in Kannada language. (ii) From the Vth Standard onwards, where in the normal course IInd language is introduced the child has to study a IInd language selected from Appendix I which will be other than the first language, subject to the condition that the child who has not taken Kannada as the first language will have to take Kannada as the Second language. From Vth Standard onwards provision will be made for the study of the third language which will be other than languages studied by the student as First and Second language. This has to be chosen from the list given in Appendix II. Attendance in the third language class will be compulsory, writing of the examination in the third language will also be compulsory but from Vth to VIIth standards, it will not be obligatory to pass the third language examination. No extra credit will be given in rank, division, class, etc., on account of the marks obtained in the third language examination from 5th to 7th standard. (iii) At the secondary stage, i.e., from VIIIth to Xth standards, three languages will be compulsory, First language carrying 125 marks, Second language 100 marks and the Third language carrying 100 marks. It will be obligatory to pass the examinations conducted in all these 3 languages, and one of them shall be Kannada. (Underlining is mine) (iv) The standard expected in second and third languages at the end of Xth Standard will be what would have been achieved at the end of 6 years of study, if the language subject had been chosen as First language. (v) As contemplated in Government Order No. ED 113 SOH 79, dated 20-7-1982, grace marks shall be given in Kannada language examination for non-Kannada speaking students and in Hindi for students whose mother tongue is not Hindi. Award of grace marks will be up to a maximum extent of 15 marks to enable the students to pass that language examination. (vi) Exemption from studying Kannada as a compulsory language can be given to the students whose parents have come to the State on temporary transfer. By Order and in the Name of the President of India Sd/ (A.R.M. Iqbal Ahmed) Secretary to Government-II, Education Department. To The Complier, Karnataka Gazette for publication in the next issue of Gazette and to supply 1000 copies to this Department. Copy to: 1. The Advisers to the Governor of Karnataka, Vidhana Soudha, Bangalore. 2. The Chief Secretary to Government of Karnataka, Vidhana Soudha, Bangalore. 3. The Additional Chief Secretaries to Government of Karnataka, Vidhana Soudha, Bangalore. 4. The Development Commissioner, Vidhana Soudha, Bangalore. 5. All the Commissioners, Secretaries to Government of Karnataka, Banglore. 6. The Secretary to Governor of Karnataka, Bangalore. 7. All the Divisional Commissioners in the State. 8. All the Deputy Commissioners in the State. 9. All the Additional Joint/ Deputy Secretaries to Government of Karnataka, Bangalore. APPENDIX-I 1. Kannada 2. Tamil 3. Telugu 4. Malayalam 5. Marathi 6. Hindi 7. Urdu 8. English APPENDIX-II 1. Kannada 2. Tamil 3. Telugu 4. Malayalam 5. Marathi 6. Hindi 7. Urdu 8. English 9. Sanskrit 10. Arabic 11. Persian.