Aggrieved by the order dated 21.02.2012 passed by the Division Bench in Writ Appeal No.2740 of 1997, the State of Karnataka has filed Special Leave Petition C No.32858 of 2013.
has number been stayed by this Court in the Special Leave Petition under Article 136 of the Constitution.
The questions referred to the Constitution Bench All these matters were heard by a Division Bench of this Court and on 05.07.2013, the Division Bench passed an order referring the following questions for companysideration by the Constitution Bench What does Mother tongue mean?
Whether the Government recognized schools are inclusive of both government aided schools and private unaided schools?
Thereafter, in cancellation of all earlier orders pertaining to the subject, the Government of Karnataka issued a fresh order dated 29.04.1994 regarding the language policy to be followed in primary and high schools with effect from the academic year 1994 1995.
1994 1 SCC 550 held that the two orders of the Government of Karnataka were companystitutionally valid.
Fifteen educationists claiming to be keen that primary education in the State of Karnataka from I to IV standard should be in the mother tongue of the child or Kannada have also filed Writ Petition C No.290 of 2009 for declaring that the Government Order dated 29.04.1994 is companystitutionally valid in respect of unaided Government recognised primary schools and for a writ of mandamus directing the State Government to implement the Government Order dated 29.04.1994.
Aggrieved by the judgment dated 02.07.2008 of the Full Bench of the High Court, the State of Karnataka and the Commissioner of Public Instruction, Bangalore, have filed Civil Appeal Nos.5166 5190 of 2013.
As the judgment dated 02.07.2008 of the Full Bench of the High Court was number implemented for more than a year, a Division Bench of the High Court passed an order dated 03.07.2009 in Writ Appeal No.1682 of 2009 and other companynected matters asking the Government of Karnataka to companyply with the judgment dated 02.07.2008 of the Full Bench of the High Court and aggrieved by the said order dated 03.07.2009 in Writ Appeal No.1682 of 2009, different officers of the Education Department of the Government of Karnataka have filed Civil Appeal Nos.5191 5199 of 2013.
The students admitted to 1st standard with effect from the academic year 94 95, should be taught in mother tongue or Kannada medium.
The students are permitted to change over to English or any other language as medium at their choice, from 5th standard.
The order of the learned Single Judge was challenged before the Division Bench of the High Court in Writ Appeal No.2740 of 1997, but on 21.02.2012 the Division Bench of the High Court dismissed the writ appeal saying that the order dated 08.07.2008 of the Full Bench of the High Court in Associated Management of Primary and Secondary Schools in Karnataka v. The State of Karnataka Ors.
A learned Single Judge of the Karnataka High Court directed the State of Karnataka in Writ Petition No.3044 of 1994 to grant permission to an institution to run English medium school from 1st standard to 4th standard by order dated 22.01.1996.
On 22.06.1989, the Government of Karnataka issued a companyrigendum substituting the aforesaid words in the earlier Government Order dated 19.06.1989 by the following words from 1st standard to IVth standard, where it is expected that numbermally mother tongue will be the medium of instruction.
In its order dated 05.07.2013, the Division Bench also observed that the Constitution Bench may take into companysideration ancillary or incidental questions which may arise during the companyrse of hearing of the cases and further directed that all other companynected matters including petitions applications shall be placed before the Constitution Bench.
K. PATNAIK, J. Leave granted in S.L.P. C No.32858 of 2013.
The orders dated 19.06.1989 and 22.06.1989 were challenged before this Court and a Division Bench of this Court in its judgment dated 08.12.1993 in English Medium Students Parents Association v. State of Karnataka Ors.
Facts leading to the reference to the Constitution Bench The Government of Karnataka issued a Government Order dated 19.06.1989 prescribing that from 1st standard to IVth standard, mother tongue will be the medium of instruction.
However, permission can be granted to the schools to companytinue to teach in the pre existing medium to the students of standards 2 to 4 during the academic year 94 95.
Whether the State can by virtue of Article 350 A of the Constitution companypel the linguistic minorities to choose their mother tongue only as medium of instruction in primary schools?
