STATE OF KARNATAKA Vs ASSTD.MANG.OF GOV.REC.PRIM.& SEC.SL.&ORS
Bench: P. SATHASIVAM,RANJAN GOGOI
Case number: C.A. No.-005166-005190 / 2013
Diary number: 20600 / 2008
Advocates: ANITHA SHENOY Vs
JAGJIT SINGH CHHABRA
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOs. 5166-5190 OF 2013 (Arising out of SLP (C) Nos. 18139-18163 of 2008
The State of Karnataka & Anr. .... Appellant (s)
Versus
The Associated Management of (Govt. Recognized unaided English medium) Primary and Secondary Schools & Ors. .... Respondent(s)
WITH
WRIT PETITION (C) No. 290 of 2009
And CIVIL APPEAL NOs. 5191-5199 OF 2013
(Arising out of SLP(C)Nos.15640-15648 of 2009)
J U D G M E N T
P. Sathasivam, J.
1) Leave granted in all the special leave petitions.
SLP (C) Nos. 18139-18163 of 2008
2) These appeals have been filed against the final
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judgment and order dated 02.07.2008 passed by the High
Court of Karnataka at Bangalore in Writ Petition No. 14363
of 1994 connected with Writ Petition Nos. 14377, 15491,
19453, 22563, 25647, 18571, 19331, 17337, 18787,
19469, 20165, 17338, 22752, 19434, 17677, 19346 of
1994, Writ Appeal No. 2415 of 1995, Writ Petition Nos.
11785, 29540 of 1995, Writ Petition Nos. 34396, 34684,
34185 of 1996, Writ Petition No. 30645 of 1999 and Writ
Petition No. 900 of 2000 whereby the High Court partly
allowed the writ petitions filed by the respondents herein.
3) Brief facts:
(a) The Associated Management of Govt. Recognized
Primary and Secondary Schools Association is a society
registered under the Karnataka Societies Registration Act
, 1960 (in short ‘the Society’)-Respondent herein,
consisting of recognized, unaided, English medium,
primary and secondary schools in the State of Karnataka.
On 19.06.1989, the Government of Karnataka, in
pursuance of Constitutional mandate under Article 350A of
the Constitution of India, spelt out its language policy by
way of a Government Order specifying the mother tongue
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as the medium of instruction at the primary school level
and making it mandatory for every child who has not opted
for ‘Kannada’ as the first language to take it as a second
language. The aforesaid order was challenged before this
Court in English Medium Students Parents
Association vs. The State of Karnataka & Ors. 1994
(1) SCC 550, wherein, by order dated 08.12.1993, this
Court, while upholding the Government Order dated
19.06.1989, declined to interfere in the matter.
(b) In the light of the aforesaid order dated 08.12.1993,
the Government of Karnataka issued a revised
Government Order dated 22.04.1994 purporting to re-
affirm its policy set out in its earlier order dated
19.06.1989. The Government of Karnataka, having regard
to the difficulties and hardships involved in converting
English medium schools to Kannada medium schools,
resorted to make the policy applicable to the English
medium schools from the year 1989. In supersession of all
the earlier orders, the Government of Karnataka issued
subsequent Government Order dated 29.04.1994
indicating the language policy to be followed in the State
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with effect from the Academic Year 1994-1995. As per the
said order, the medium of instruction from 1st to 4th
standard in all schools recognized by the State
Government shall be either the mother tongue or Kannada
from the Academic Year 1994-1995, however, permission
was granted to the students studying in 2nd, 3rd and 4th
standards to continue in the medium of language they
were studying at that time. It was also ordered to close
down all the unauthorized schools that were not fulfilling
the prescribed conditions.
(c) In pursuance of the impugned Government Order,
consequential orders were issued to several schools calling
upon them to change the medium of instruction and to
effect other consequential changes. Being aggrieved of
the impugned orders, various linguistic and religious
minorities, religious denominations, parents, parents’
associations, children through their parents and
educational institutions run by the majority filed Writ
Petition being No. 14363 of 1994 and connected writ
petitions before the High Court of Karnataka questioning
the constitutional validity of the Government Orders dated
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22.04.1994 and 29.04.1994 as being violative of Articles
14, 19(1)(a), 21, 29(2) and 30(1) of the Constitution of
India.
(d) The full Bench of the High Court, by order dated
02.07.2008, partly allowed the writ petition and the
connected petitions while upholding the Government Order
and quashed clause Nos 2, 3, 6 and 8 of the impugned
Government Order dated 29.04.1994 in its application to
schools other than the schools run or aided by the
Government.
(e) Being aggrieved, the State of Karnataka has preferred
these appeals by way of special leave before this Court.
Writ Petition (C) No. 290 of 2009
4) Apart from the above appeals, 15 residents of the State
of Karnataka, claiming as eminent educationists, deeply
interested in the subject, namely, that primary education
from 1st to 4th standard in all Government recognized
schools should be in the mother tongue of the children
concerned filed Writ Petition No. 290 of 2009 under Article
32 of the Constitution of India praying to declare that the
Government Order dated 29.04.1994 is constitutionally
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valid in respect of unaided government recognized primary
schools also and to issue a writ of mandamus directing the
State Government to implement its order dated
29.04.2004 accordingly.
SLP (C) Nos. 15640-15648 of 2009
The above said petitions have been filed by various officers
of the Education Department of the State of Karnataka-the
appellants herein against the order dated 03.07.2009,
passed by learned Single Judge of the Karnataka High
Court, directing them to accord permission to Shubodaya
Vidya Samsthe and Saraswathi Education Society-the
respondents herein to start an English Medium School in
the State during the pendency of the appeal before this
Court.
5) Since the relief sought for in the appeals and the writ
petition pertains to the same subject-matter, they are
being dealt with by the present order.
6) Heard Mr. P.P. Rao, Mr. H. Subramanya Jois, learned
senior counsel for the appellants and Mr. Mohan V. Katarki,
learned counsel for the respondents and Mr. T.S. Doabia,
learned senior counsel for the Union of India.
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7) The Government of Karnataka, by order dated
20.07.1982, prescribed that Kannada shall be the sole first
language from 1st standard of primary school itself. The
constitutional validity of this order was challenged in a
number of writ petitions before the High Court of
Karnataka by linguistic minorities contending that they
have a right to have primary education in their respective
mother tongue and, therefore, prescription of Kannada as
the sole language in which education should be imparted
from 1st standard itself is unconstitutional and violative of
Articles 14, 19, 21, 29 and 30 of the Constitution.
8) Considering the importance of the matter, the same
was heard by a Full Bench of the Karnataka High Court in
General Secretary, Linguistic Minorities Protection
Committee vs. State of Karnataka AIR 1989 Kant 226.
After considering the claim of all the parties concerned and
also the opinion of various committees, the Full Bench, by
order dated 25.01.1989, held that the Government Order
dated 20.07.1982 is unconstitutional to the extent that it
made Kannada a compulsory and sole subject for all
children in the State of Karnataka from 1st standard and
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deprived the petitioners therein whose mother tongue was
not Kannada to have primary education in their mother
tongue. Along with the said petitioner(s), a writ petition
was also filed by English Medium Students Parents
Association claiming that they have the right to have
primary education in English language as substantial
number of members of the said organization were
converted Christians and, therefore, they have the right to
have primary education in English. The said request was
negatived by the full Bench, however, liberty was given to
the State to formulate its language policy. Aggrieved of
the said order of the full Bench of the Karnataka High
Court, the State Government preferred an appeal before
this Court. However, after having preferred an appeal, the
State Government accepted the principle that primary
education from 1st to 4th standard should be in mother
tongue and issued a Government Order (GO) dated
19.06.1989 in conformity with the judgment of the Full
Bench of the Karnataka High Court, inter alia, prescribing
that mother tongue shall be the medium of instruction
from 1st to 4th standard while the appeal was pending
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before this Court.
9) The English Medium Students Parents Association
filed a writ petition under Article 32 before this Court
questioning the constitutional validity of the GO dated
19.06.1989 on the ground that prescription of mother
tongue as the sole language of instruction from 1st to 4th
standard was unconstitutional and violative of Articles 29
and 30 of the Constitution as it interfered with the right to
have primary education at that level in English.
10) The appeals filed by the Government of Karnataka
and the writ petition filed by the English Medium Students
Parents Association were heard together and decided by a
common judgment of this Court in English Medium
Students Parents Association (supra). By order dated
08.12.1993, this Court upheld the decision of the Full
Bench of the Karnataka High Court. Thereafter, the State
Government made an order dated 22.04.1994 in
conformity with the judgment of this Court prescribing that
mother tongue of the children or the regional language
shall be the language in which education shall be imparted
from 1st to 4th standard. In the said order, the State
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Government exempted the educational institutions to
which permission had been granted earlier to 1989 from
giving instruction in primary education from 1st to 4th
standard in mother tongue. This created incongruity for
the reason that in view of the said exemption, there would
be two categories of primary schools in that one set
started prior to 1989 with English medium would continue
primary education in English whereas primary schools
started after 1989 were bound to impart primary education
in mother tongue. When this contradiction was brought to
the notice of the Government, the Government
immediately modified the order dated 22.04.1994 by
another order dated 29.04.1994 removing the exemption.
11) The Associated Management of Primary and
Secondary Schools, Karanataka filed Writ Petition No.
14363 of 1994 before the High Court challenging the
constitutional validity of the aforesaid two GOs dated
22.04.1994 and 29.04.1994. The State Government filed
its statement of objection to the writ petition stating that
by judgment dated 08.12.1993, the policy of the State
Government prescribing mother tongue as the language in
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which the primary education from 1st to 4th standard should
be imparted was constitutionally held valid by this Court
and the impugned orders were similar in that both
prescribed that primary education from 1st to 4th shall be
the mother tongue of the children. The Full Bench before
which the said writ petition was posted ultimately
concluded on 02.07.2008 holding that the Government
orders dated 22.04.1994 and 29.04.1994 were applicable
only to Government and government aided private schools
but not to private and unaided primary schools, though
they were also government recognized schools.
Contentions of the Appellants:
12) Mr. P.P. Rao, learned senior counsel for the State of
Karnataka, by taking us through various articles of the
Constitution and the provisions of the Karnataka Education
Act, 1983 and the Right of Children to Free and
Compulsory Education Act, 2009 (in short ‘the RTE Act’) as
well as various decisions of this Court submitted that the
High Court committed an error in not following the decision
of this Court in English Medium Students Parents
Association (supra) in which this Court upheld the
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Government Order prescribing that primary education shall
be in mother tongue. He also pointed out that the High
Court has equally committed an error in holding that this
Court did not go into the question as to whether a parent
or a student has a right to choose the medium of
instruction at the primary school stage when that was the
very question raised by the petitioners therein and
rejected by this Court. He further pointed out that the High
Court erred in holding that the parent and the child
(“pupil”) have a fundamental right of the choice of medium
of instruction at primary level as against the policy
decision taken by the State in larger national and
educational interest of the children. According to him, the
High Court failed to take note of Article 350A of the
Constitution which stipulates that every endeavor shall be
made by the State and Local Authority to provide adequate
facilities for instructions in mother tongue at the primary
stage of education and empower the State to lay down its
education policy that primary education shall be in the
mother tongue of the children concerned. He further
contended that the High Court equally committed an error
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in holding that primary education shall be in mother
tongue only in respect of government and government
aided schools notwithstanding the fact that all schools
belonged to one category as recognized schools and alone
can impart education. Finally, he submitted that the policy
of the Government to have uniform policy in the matter of
primary education is not only applicable to Government
and Government Aided institutions but also to unaided
institutions which was approved by this Court in English
Medium Students Parents Association (supra).
13) The individuals claiming as educationalists fighting
for Kannada language who filed writ petition under Article
32 of the Constitution also adopted the similar arguments.
Contentions of the Respondents:
14) On the other hand, various learned counsel appearing
for unaided Management Schools, Linguistic Minority
Institutions, Parents and Students submitted that the
earlier decision of this Court, namely, English Medium
Students Parents Association (supra) did not go into
the medium of instruction and the issue therein was
mother tongue/Kannada as one of the language and
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parents/children have every right to choose the medium
according to their choice. In their view, the High Court is
fully justified in quashing those offending clauses and
there is no merit in any of the contentions raised by the
State and other persons who are all supporting the stand
of the State.
Discussion:
15) We have carefully considered the rival contentions,
perused the constitutional provisions, various clauses in
the impugned orders and decisions relied on by both sides.
16) The entire argument of both the sides is whether in
English Medium Students Parents Association
(supra) the issue pertaining to medium of instruction was
contested and a decision was arrived at in that regard? In
light of the above, it is essential to comprehend the ratio
laid down in the said decision to arrive at a decision in this
matter.
17) At the cost of repetition, it is useful to reiterate the
factual background of the English Medium Students
Parents Association (supra) for better comprehension.
Government of Karnataka, wedded to the cause of
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promotion of Kannada language, appointed a Committee
of six persons with Dr. V.K. Gokak as the Chairman and
referred the following questions :
(i) Should Sanskrit remain as the subject for study
in the school syllabus?
(ii) If so, how to retain it without its being an
alternative for Kannada?
(iii) Would it be proper to have Kannada as a
compulsory subject as per the three language
formula and should the option of selecting the
remaining two languages be left to students
themselves?
18) The Committee submitted its report dated 27th
January, 1981 which is popularly known as Dr. Gokak
Committee Report. The gist of the recommendations is as
under :
(i) Kannada should be introduced as a compulsory
subject for all children from 3rd Standard;
(ii) Kannada should be the sole first language for
the Higher Secondary Schools (i.e., 8th, 9th and
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10th Standards) carrying 150 marks, and this
should be implemented for Kannada speaking
people from 1981-82 itself and in respect of others
from 1986-87, after taking necessary steps to
teach Kannada to them from the 3rd standard
from the academic year 1981-82 itself.
19) On a consideration of the abovesaid report, the State
Government passed an order dated 30.04.1982 drafting a
language policy, which stated that Kannada or mother
tongue, shall be the first language. Since it was felt that
the order dated 30.04.1982 did not sufficiently reflect the
aspirations of the Kannada speaking people, the
Government thought it expedient to place the entire
matter before the State Legislature. The State Legislature
resolved that in the High Schools, Kannada must be the
sole first regional language carrying 125 marks. In
addition, a student might study any two languages
carrying 100 marks each. In accordance with the above
Resolution, the State Government made an order dated
20.07.1982 wherein the government directed that
Kannada shall be the sole first language. Aggrieved by
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the abovesaid order, some of the educational institutions
preferred writ petitions in the High Court of Karnataka. It
was contended that the order was violative of the rights of
minorities under Articles 29 and 30 of the Constitution of
India. Initially, when the writ petitions came up for hearing
before a Single Judge, the matters were referred to a
Division Bench. The Division Bench, by order dated
27.01.1984 referred the abovesaid question to the Full
Bench. The full Bench in General Secretary, Linguistic
Minorities Protection Committee (supra) expressed
its opinion as follows:-
“8. ….The Govt. Order dated 20th July, 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 compelling the high schools established by linguistic minorities to introduce Kannada as the sole first language in the Secondary Schools, is violative of Articles 29(1), 30(1) and 14 of the Constitution.”
After rendering such opinion, the matter was sent back to
the Division Bench for disposal in accordance with the
same and, accordingly, the cases were dismissed by
judgment dated 25.01.1989. Against this judgment, the
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State of Karnataka came up in appeal in Civil Appeal Nos.
2856-57 of 1989.
20) After the decision of the full Bench, pending the civil
appeal before this Court, the Government of Karnataka
issued a GO dated 19.06.1989, prescribing the mother
tongue shall be the medium of instruction from Ist to 4th
standard. The relevant paragraph of the said order is as
under:-
“9. …..Govt., 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.”
“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- 1 will be the compulsory subject of study….”
The validity of the abovesaid GO was questioned in the
Writ Petition No. 536 of 1991 before this Court on the
ground that it is violative of Articles 29, 30 and 14 of the
Constitution of India.
21) In the meantime, a corrigendum came to be issued
on 22.06.1989, which reads as under:
“16…For para (i) of Order portion of the above said Govt. order dated 19.6.1989 i.e., from the words "From 1st standard...subject to study" the following para shall be
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substituted: - “From 1st standard to IVth standard, where it is expected that normally mother tongue will be the medium of instruction, only one language from Appendix-I will be compulsory subject of study.”
22) With this background, by order dated 08.12.1993,
this Court while upholding the GO dated 19.06.1989
dismissed the writ petition being No. 536 of 1991 as
devoid of merits. 23) As regards the Civil Appeal Nos.
2856-57 of 1989 filed against the full Bench decision of
the High Court of Karnataka, it was held that the majority
opinion of the High Court has approached the matter in a
proper perspective and concluded as under:-
“25.…..We have no difficulty in upholding the well- considered judgment of the High court. In fact, the State has accepted the position and issued G.O. dated 19.6.89 which is impugned in W.P. No. 536 of 1991. Therefore, the civil appeals will also dismissed. However, in the circumstances of the case, there shall be no order as to costs.”
24) In the light of the aforesaid order dated 08.12.1993,
the Government of Karnataka issued revised Government
Orders dated 22.04.1994/29.04.1994 purporting to re-
affirm its policy set out in its earlier order dated
19.06.1989. Now, let us test the contentions of the
appellants and the respondents in light of the above
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verdict.
25) Learned senior counsel for the appellants contended
that GO dated 29.04.1994 is based on the judgment of the
full Bench of the Karnataka High Court as affirmed in
English Medium Students Parents Association
(supra) by this Court, therefore, there is no infirmity in
the same which came to be passed in the light of GO
dated 19.06.1989.
26) While it is argued from the side of the respondents
that judgment in English Medium Students Parents
Association (supra) is with reference to the GO dated
19.06.1989 whereas the subject matter of the present writ
petition is the GO dated 29.04.1994. Further, it was
submitted that in English Medium Students Parents
Association (supra) it was held that the order dated
19.06.1989 is not open to challenge because there was no
element of compulsion in studying Kannada at the primary
stage and that from standard 1st to 4th where mother
tongue will be the medium of instruction, only one
language from Schedule I thereof will be compulsory and
further from standard 3rd onwards Kannada will be an
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optional subject for non-Kannada speaking students
whereas the GO impugned in this writ petition departs and
deviates from the GO dated 19.06.1989, the validity of
which was upheld by this Court. Kannada is covertly made
compulsory by the present impugned order under clause
2, 3, 6 & 8. Hence, the judgment of this Court does not
and cannot come in the way of considering the present
writ petition on merits. Therefore, the contention of the
respondents is that the fundamental rights of citizens
cannot be infringed by the State taking shelter under the
policy.
27) The full Bench of the High Court, by order dated
02.07.2008, decided the issue in the following words in
the impugned judgment:-
“79. It cannot be disputed these clauses were conspicuously missing in the Government order dated 19.06.1989. They are introduced for the first time in Government Order dated 29.04.1994. the validity of these clauses were not the subject matter of earlier proceeding either before this Court or Apex Court. The Constitutional validity of these clauses was not challenged earlier, no arguments were addressed for or against the said clauses, neither this court nor the Apex Court considered the validity of these clauses nor any decision was rendered. It is for the first time, the aforesaid clauses are challenged before this Court. Therefore, the aforesaid decisions do not conclude the matter in issue in this writ petition.
90. As is clear from the facts set out above in the
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aforesaid Full Bench Judgment, the question for consideration was, whether the Government Order making study of kannada compulsory from the First Year of primary School in addition to mother tongue of the land was violative of Article 14, 29 and 30 of the Constitution and the Government Order prescribing Kannada as sole First language at High School level was also violative of Article 14, 19 and 30 of the Constitution. In the Government Order dated 19.06.1989, which was also the subject matter of the Writ petition under 32 of the Constitution of India before the Supreme Court, the question was again only one language from Appendix-I could be the compulsory subject of study. The full Bench struck down the earlier Government Order as there was compulsion to study Kannada and therefore violative of Article 19, 21 and 30 which finding was upheld by the Supreme Court. For the same reason the Supreme Court declined to interfere with the subsequent Government Order dated 19.06.1989 as there was no compulsion to study any particular language from I to IV Standard, as is clear from Clause I of the Government Order. Therefore, the ratio decedendi, of the Judgment of the Apex Court as well as the full bench is “If there is an element of compulsion in the Government policy, which infringes the fundamental rights guaranteed to the citizens of this country under the Indian Constitution, such policy is void and the fundamental rights have to prevail over such governmental policy. In the absence of such compulsion the courts should not interfere with the policy decision of the Government. The question whether a student, a parent or a citizen has a right to choose a medium of instruction at primary stage other than mother tongue or regional language was not the subject matter of the aforesaid proceedings and the said question was not considered either by this court or by the Apex Court and no decision rendered in the aforesaid proceedings on the said point. The casual expressions, observations, conclusions and the suggestions made in the earlier full bench judgment cannot be construed as a ratio decidendi, especially in constitutional matters, as the said question did not arise for consideration in the said case. Therefore the contention that the question involved in this Writ Petition are squarely covered by the earlier decisions of this Court and Apex Court is without any substance and accordingly it is rejected.”
28) In the line of above observation, the High Court
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accepted the contentions of the respondents that this
Court in English Medium Students Parents
Association (supra) did not consider the issue raised in
the present writ petition and went on to deliver the
impugned judgment.
29) After due consideration of the contentions of the
appellants and the respondents and reasoning of the High
Court in the impugned judgment dated 02.07.2008, we
are of the view that issue contemplated in the writ petition
before the High Court is not untouched by the decision in
English Medium Students Parents Association
(supra). As already mentioned, Writ Petition No. 536 of
1991 was filed in order to challenge the validity of the GO
dated 19.06.1989 which proposed to introduce mother
tongue as the medium of instruction and the same has
been dismissed as devoid of merits. Hence, in view of the
above, this Court upheld the mother tongue as the
medium of instruction in the primary education.
30) However, it is equally correct that the impugned GOs
dated 22.04.1994/29.04.1994 were not similar to GO
dated 19.06.1989. Since the said impugned order
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reframed the earlier order by adding few additional
clauses, which were the matter of dispute in the writ
petition before the High Court and this Court, a reference
to the contested clauses in the impugned order shall be
timely:-
“Proceedings of Government of Karnataka Sub: Regarding implementation of languages Policy in
the primary and high schools. Government Order No. ED 28 PGC 94
Bangalore dated 29.04.1994 1. xxx
2. The medium of instruction should be mother tongue or Kannada, with effect from the academic year 1994-95 in all Government recognized schools in classes 1 to 4.
3. The students admitted to 1st standard with effect from the academic year 94-95, should be taught in mother tongue or Kannada medium.
6. Permission can be granted to only students whose mother tongue is English, to study in English medium in classes 1 to 4 in existing recognized English medium schools.
8. It is directed that all unrecognized schools which do not comply with the above conditions, will be closed down.”
Therefore, the contention of the State is partly correct
when it says that the impugned GOs viz.,
22.04.1994/29.04.1994 are in substance similar to GO
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dated 19.06.1989 since both the GOs stipulated the need
for the child to acquire the primary education in the
mother tongue. However, the additional clauses inserted
in the impugned order, viz., Clause Nos. 2, 3, 6 and 8
compels the child to study in mother tongue or regional
language which was seriously contested before the High
Court and this Court.
31) While deciding the validity of these additional clauses
in the impugned GO, the High Court further went on to
state that the question whether a student, a parent or a
citizen has a right to choose a medium of instruction at
primary stage other than mother tongue or regional
language was not decided in the English Medium
Students Parents Association (supra) case and took
the liberty to decide the same.
32) Observing the fact that a two-Judge Bench of this
Court has already arrived at a decision as to the question
whether the medium of instruction should be that of
mother tongue in English Medium Students Parents
Association (supra), we are of the view that it is not
appropriate to decide the very same issue under different
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grounds by a Bench of same number of judges. If we
decide to accept the argument of the respondent that a
student or a parent or a citizen has a right to choose a
medium of instruction at primary stage, we in substance
will be contradicting the judgment in English Medium
Students Parents Association (supra), which upholds
the mother tongue as the medium of language.
33) Having given our most anxious consideration, we are
of the opinion that it is a fit case for consideration by a
larger bench.
34) The crux of all the grounds raised in the petition is
that whether the mother tongue or the regional language
can be imposed by the State as the medium of instruction
at the primary education stage.
35) The vital question involved in this petition has a far-
reaching significance on the development of the children
in our country who are the future adults. The primary
school years of a child is an important phase in a child’s
education. Besides, it moulds the thinking process and
tutors on the communication skills. Thus, primary
education lays the groundwork for future learning and
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success. Succinctly, the skills and values that primary
education instills are no less than foundational and serve
as bases for all future learning. Likewise, the importance
of a language cannot be understated; we must recollect
that reorganization of States was primarily based on
language. Further, the issue involved in this case concerns
about the fundamental rights of not only the present
generation but also the generations yet to be born.
36) Considering the constitutional importance of these
questions, we are of the firm view that all these matters
should be heard by a Constitution Bench. With regard to
the above, the following questions are relevant for
consideration by the Constitution Bench which are as
under:-
(i) What does Mother tongue mean? If it referred to as
the language in which the child is comfortable with,
then who will decide the same?
(ii) Whether a student or a parent or a citizen has a right
to choose a medium of instruction at primary stage?
(iii) Does the imposition of mother tongue in any way
affects the fundamental rights under Article 14, 19,
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29 and 30 of the Constitution?
(iv) Whether the Government recognized schools are
inclusive of both government-aided schools and
private & unaided schools?
(v) Whether the State can by virtue of Article 350-A of
the Constitution compel the linguistic minorities to
choose their mother tongue only as medium of
instruction in primary schools?
Apart from the above said issues, the Constitution Bench
would also take into consideration any other ancillary or
incidental questions which may arise during the course of
hearing of the case.
37) With regard to the above, all the connected matters
including petitions/applications shall be placed before the
Constitution Bench. Since the matter in issue started in
the year 1994, early disposal of the case is desirable.
Hence, the Registry is directed to place the same before
Hon’ble the Chief Justice of India for necessary directions.
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..…………….………………………J. (P. SATHASIVAM)
.…....…………………………………J. (RANJAN GOGOI)
NEW DELHI; JULY 05, 2013.
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