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2008 DIGILAW 362 (KAR)

Gurukula Education Trust (R) Kuvempu Nagar v. Secretary to Government Primary & Secondary Education

2008-07-11

B.V.NAGARATHNA

body2008
Judgment :- (This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to declare section 7(1)(C) of the Karnataka Education Act 1983, as unconstitutional so far as petitioners are concerned and etc.,) In this writ petition, the petitioners who are three in number are private unaided educational institutions who had made applications to start English medium primary schools from 1st standard to 5th standard and accordingly, had sought permission by the respective authorities. However, by virtue of the impugned Annexures-B2, C4 and D2 respectively, permission for starting English medium schools was rejected. Hence, they have filed this writ petition challenging the said Annexures. 2. It is submitted by the learned counsel for the petitioners that in the light of the Full Bench opinion of this Court dated 7.2008 in the case of Associated Managements of (Government Recognized-Unaided-English Medium) Primary and Secondary Schools in Karnataka (Regd) KAMS, represented by its General Secretary vs. The State of Karnataka, by its Secretary and others and connected cases with regard to the challenge made to the language policy of the State Government, this writ petition could be disposed of with a direction to the respondents to consider the applications of the petitioners seeking permission to impart education in English medium. 3. Per contra, the learned Government Advocate submits that the applications filed by the petitioners have been returned by the Department and that fresh application ought to be made and that until the permission is accorded to the petitioners, they cannot be permitted to teach in English medium in their schools. 4. In reply, thecounsel for the petitioners submits that their applications are on the file of the concerned authorities and that there is no need to make a fresh application and that in view of the Full Bench opinion, they could impart education in English Medium from this academic year itself. 5. The relevant portions of the Full Bench opinion for the purpose of this case are at para Nos.124, 135, 164, 165 to 168, 170, 191 to 193, 195, 198(1), (2), (3) and (10). .6. Dr. 5. The relevant portions of the Full Bench opinion for the purpose of this case are at para Nos.124, 135, 164, 165 to 168, 170, 191 to 193, 195, 198(1), (2), (3) and (10). .6. Dr. S. Radhakrishnan, the Philosopher-Statement and Former President of India in his Convocation address to the Andhra University in 1927 titled “Universities & National Life” in the context of Telugu being the medium of instruction in Andhra Pradesh spoke thus: .“I am aware that we are anxious to give greater attention to Telugu and make it, if possible, the medium of instruction and examination in the degree courses as well. This very desirable reform has to be worked out with great caution. English is not only the language of international commerce and thought, but is one of the chief factors in the making of the Indian Nation. If the course in English is not of a sufficiently high standard, out students are likely to be at a disadvantage in their search for posts, which, after all is not a minor consideration. India is not the only country in the world where we have to pay regard to the commercial value of the University career”. 7. He has further opined that true knowledge is not information, which can be conveyed from mind to mind, but a state of personality to be created by oneself. The educator must not do anything to interfere with the unity, friendliness and humanity of the child mind. 8. The purpose of education according to Dr. Radhakrishnan is to train to comprehend the eternal values, to appreciate the supreme human virtues and the simple decencies of life. .9. If the aim of education is as what is stated above, then the medium of instruction is only an aid to achieve the same. No doubt, the Full Bench of this Court, by its opinion dated 7.2008, has recognized the Constitutional Rights of the citizens to start educational institutions in the medium of instruction of their choice and has also upheld the constitutional right of the child and the parents to choose the medium of instructions in which the child has to be educated. However, what has to be borne in mind is the fact that the academic year 2008-09 has already commenced with effected from 1.06.2008. However, what has to be borne in mind is the fact that the academic year 2008-09 has already commenced with effected from 1.06.2008. A lot of effort would have been made by the teachers in selecting the text books in the mother tongue or Kannada medium (regional language) in which they have to teach the primary school students in the back ground of the State Government Orders rejecting the application of the schools to teach in English medium and the undertaking given by the schools to teach in the mother tongue or Kannada medium, pending the Full Bench opinion. The teachers would have also prepared to instruct in the mother tongue or Kannada medium based on the selection of text books and for nearly a month and a half the children are undergoing education in the mother tongue or Kannada medium. No doubt the parents and children as well as the educational institutions would have been in a more comfortable position to switch over to English medium had the academic year not yet commenced. Considering the fact that the parents have invested on books and other equipment and the parents and children have commenced this academic year with a mindset that they would have to study in their mother tongue or Kannada medium only as the case may be, it is impractical as well as harsh both on the children as well as on the parents if the educational institutions insist on switching over to English medium of instruction in midst of this academic year. Although the educational institutions, who are the petitioners are eager to implement and exercise their constitutional right in terms of the Full Bench opinion of this Court, but in my humble view, considering the fact that the Full Bench of this Court has no where stated that the implementation of .the English medium of instruction has to be with effect from the current academic year (2008-09) and coupled with the practical difficulties that would be faced by the children and the parents and the fact that the teachers would not even have selected text books in English medium to be prescribed in their respective educational institutions and more importantly, would not have sufficient time to go through the text books and equip themselves to teach the children and also the fact that the Education Department would have to grant sanction to the schools to teach in English medium, in the back ground of the Full Bench opinion and for which applications which are already pending or additional applications which would be filed by the respective institutions would have to be scrutinized, considered and orders have to be passed which would take time, the institutions cannot be permitted to switch over to English medium in the current academic year. 10. The institutions would also have to keep in mind those students who would like to continue their primary education in their mother tongue or Kannada language as any switch over to English medium by the schools in the middle of the academic year would leave such students in the lurch and they would be forced to change schools and once again expend on admission fees and other expenditure. It is also to be noted that primary education being the foundation, children must be ensured stability throughout the academic year. Moreover, teachers who are presently teaching in the mother tongue or Kannada medium may not be trained to teach in English medium and therefore, the schools would have to recruit teachers capable of teaching in English medium and teachers who are presently teaching in mother tongue or Kannada medium would be retrenched. If sufficient alternative measures are not taken care of by the institutions well in advance, the interest of the children would be jeopardized and considering the above reasons, the switch over to English medium in the midst of this academic year is in my view not feasible or proper. If sufficient alternative measures are not taken care of by the institutions well in advance, the interest of the children would be jeopardized and considering the above reasons, the switch over to English medium in the midst of this academic year is in my view not feasible or proper. It is in the interest of all concerned that there should be no uncertainty and particularly the children and parents should be put to difficulty as far as this academic year is concerned. 11. Under the circumstances, the applications already made by the petitioners educational institutions or the additional applications to be made by them are to be considered by the respondents and orders have to be passed in accordance with law in the matter of sanction or permission for schools to impart education in English medium keeping in mind the opinion of the Full Bench of this Court as expeditiously as possible, so that the concerned schools would be in a position to teach in English medium from the beginning of the academic year 2009-10. 12. Inthe light of the opinion of the Full Bench of this Court, this writ petition is allowed and Annexure-B2, C4 and D2 are quashed. In addition to the application already filed, the petitioners are at liberty to make any further application along with the requisite fee and the respondents are directed to pass necessary orders on the said applications keeping in mind the opinion of the Full Bench and grant necessary sanction in accordance with law from the academic year 2009-2010 onwards.