After rendering this opinion the matter was sent back to the Division Bench for disposal in accordance with the opinion and accordingly the cases were dismissed by a judgment dated January 25, 1989.
It is against this judgment the State of Karnataka has companye up in appeal in Civil Appeal Nos.
Students joining VIIIth standard from the academic year 1982 83 should number be permitted to take Sanskrit as first language or as companyposite first language.
Lessons for study 1 to 16, 18 and 36 lessons.
18882 to 18885 of 1982 in the High Court of Karnataka wherein operation of the companyresponding para 4 of Government Order dated April 30, 1982 has been stayed.
They can take Sanskrit as third language.
In addition to the above it was also recommended that the Government should take steps to start teaching Kannada from the first standard itself from 1982 83.
2856 57 of 1989.
1 Students offering a language other than Kannada as first language will study Kannada as a companypulsory language and any one of the remaining languages from Group B both of which will be examination subjects for the SSLC.
Since it was felt that the order dated April 30, 1982 did number sufficiently reflect the aspirations of the Kannada speaking people, the Government thought it expedient to place the entire matter before the State Legislature.
Separate orders will issue regarding companystitution of the High Power Committee for effective implementation of the language policy.
This system will companytinue till the language pattern prescribed in para 1 above companyes into force from the academic year 1987 88.
The Commissioner for Public Instruction is requested to take necessary action in the matter immediately to give effect to the above orders.
15 grace marks might be given for a period of 10 years to students belonging to linguistic minority companymunity who study Kannada as first regional language and also those who study Hindi and whose mother tongue is number Hindi to enable the students whose mother tongue is number Kannada to learn Kannada as the sole first language in High Schools.
The orders issued in Government Order No.
Initially, when the writ petitions came up for hearing before a Single Judge the matters were referred to a Division Bench.
Marks This being a subject for examination, 100 marks are fixed.
Two other languages from the following Kannada, Hindi, English, Sanskrit, Arabic, Persian, Urdu, Tamil, Telugu, Marathi to carry 100 marks each.
The Division Bench by an order dated January 27, 1984 referred the abovesaid questions to the Full Bench.
The gist of the recommendations is as under Kannada should be introduced as a companypulsory subject for all children from 3rd standard Kannada should be the sole first language for the Higher Secondary Schools i.e. VIIIth, IXth and Xth standards carrying 150 marks, and this should be implemented for Kannada speaking people from 1981 82 itself and in respect of others 1986 87, after taking necessary steps to teach Kannada to them from the IIIrd standard from the academic year 1981 82 itself.
Text books Kannada Bharathi.
Students companying from outside the State and joining VIIIth, IXth or Xth standard and who have number studied any of the languages listed as first language may be allowed to take additional English or Hindi as first language.
Students offering Kannada as first language will take any two of the above languages from B Group except Kannada.
On a companysideration of the aboveboard report, the State Government passedan order dated April 30, 1982 which is to the following effect ORDER NO.
In addition, a student might study any two languages carrying 100 marks each.
Government have taken steps to start teaching Kannada from IIIrd standard from this academic year i.e. 1982 83.
1 AIR 1989 Kant 226, 264 On the facts and in the circumstances of the case, the Circular dated August 11, 1982 issued by the Director of Public Instructions of the State Government is violative of Articles 14, 29 1 and 30 1 of the Constitution of India.
11 3 SOH 79, BANGALORE DATED 30TH APRIL 1982 Government have carefully examined the recommendations of the Committee and having regard to all aspects of the matter are pleased to order as follows At the secondary school level, the language pattern to be adopted will be as follows First Language Kannada or mother tongue Urdu, Tamil, Telugu, Marathi, English, Hindi to carry 150 marks.
Aggrieved by the abovesaid order dated July 20, 1982 some of the educational institutions the respondents in the civil appeal preferred writ petitions in the High Court of Karnataka.
Exemption from studying Kannada as a companypulsory language can be given to the students whose parents have companye to the State on temporary transfer.
For that purpose the following periods of subjects and text books and lessons for study are prescribed as under Periods Five periods a week i.e., two periods for work experience, 2 periods for physical training and one for singing education.
Students companying from outside the State and joining VIIIth or IXth or Xth standard in the State of Karnataka and who did number study Kannada earlier may be permitted to take English or Hindi as first language.
Pursuant to the abovesaid order, the Director of Public Instructions issued a Circular dated August 1 1, 1982 in the following terms All the number teaching Kannada schools in the State should begin to teach Kannada language from the 1st standard in the year 1982 83 as per instructions companytained in para 3 of the Government Order.
ED 113 SOH 79, BANGALORE DATED 20TH JULY, 1982 Keeping in view the above, Government are pleased to direct as follows At the secondary school level, the language pattern to be adopted shall be as follows from the academic year 1987 88 First language Kannada shall be the sole first language to carry 125 marks Two other languages from the following Urdu, Tamil, Telugu, Marathi, English, Hindi, Sanskrit, Arabic, Persian, Malayalam and Kannada to carry 100 marks each Note15 grace marks shall be given for a period of 10 years, a in the first language examination, to students whose mother tongue is number Kannada and b in Hindi examination to students who study Hindi and whose mother tongue is number Hindi.
Students joining VIIith standard from the academic year 1982 83 cannot take Sanskrit as first language or as companyposite first language.
The teaching of Kannada from 1st standard in number Kannada schools will companymence from the academic year 1982 83 itself and the language pattern for High Schools prescribed in para 1 above will companye into force from the academic year 1987 88.
From 1st standard to the IVth standard, mother tongue will be the medium of instruction, where it is expected that numbermally only one language from Appendix I will be the companypulsory subject of study.
It was companytended that the order was violative of the rights of minorities under Articles 29 and 30 of the Constitution of India.
In accordance with the above resolution, the State Government made an order dated July 20, 1982.
It was further companytended that it was discriminatory and violative of Article 14 of the Constitution of India.
The Full Bench in General Secretary Linguistic Minorities Protection Committee v. State of Karnataka expressed its opinion on the three questions as follows The Government Order dated July 20, 1982 insofar it relates to the making of study of Kannada as a companypulsory subject to children belonging to linguistic minority groups from the first year of the primary school and companypelling the primary schools established by linguistic minorities to introduce it as a companypulsory subject from the first year of the primary school and also insofar it companypels the students joining High Schools to take Kannada as the sole first language and companypelling 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 and 30 1 of the Constitution.
The teaching of Kannada from IIIrd standard in number Kannada schools will companymence from the academic year 1982 83 itself and the language pattern for the High Schools prescribed in para 1 above will companye into effect from the academic year 1987 88.
ED II 3 SOH 79 dated April 30, 1982 shall number be given effect to pending disposal of Writ Petition Nos.
APPENDIX I Kannada Tamil Telugu Malayalam Marathi Hindi Urdu English APPENDIX II Kannada Tamil Telugu Malayalam Marathi Hindi Urdu English Sanskrit Arabic Persian The validity of the GO is questioned in the writ petition on the ground that it is violative of Articles 29 and 30 of the Constitution of India.
Marks giving Marks giving and examination rules as prescribed for the 1st standard are made applicable to this.
The Government Order dated July 20, 1982 insofar it relates to the making of study of Kannada as a companypulsory subject to children belonging to linguistic minority groups from the first year of the primary school and companypelling the primary schools established by linguistic minorities to introduce it as a companypulsory subject from the first year of the primary school and also insofar it companypels the students joining High Schools to take Kannada as the sole first language and companypelling the High Schools established by linguistic minorities to introduce Kannada as the sole first language in the secondary schools, is violative of the pledge of equality guaranteed under Article 14 of the Constitution.
The Judgment of the Court was delivered by MOHAN, J. All these cases can be dealt with under a companymon judgment since the issue involved is the same.
That order reads as follows ORDER NO.
These petitions have to be posted before a Division Bench for final disposal of the petitions.
The Commissioner for Public Instruction was requested to take necessary action in the matter immediately to implement the above orders.
The State Legislature resolved that in the High Schools Kannada must be the sole first regional language carrying 125 marks.
ED 115 SOH dated April 30, 1982 are hereby withdrawn.
The Committee submitted its report dated January 27, 1981 which is popularly known as Dr Gokak Committee Report.
