The Karnataka High Court has directed the state
government to file its objections within three weeks in response to a public
interest litigation (PIL) challenging the mandatory imposition of Kannada
language instruction in CBSE and CISCE-affiliated schools across the state.
A division bench comprising Acting Chief Justice V
Kameswar Rao and Justice C M Joshi passed the order while hearing a PIL filed
in 2023 by Somashekar C and others, a group of parents whose children study in
various non-state board schools.
The petition questions the constitutional validity
of multiple legislative provisions, including the Kannada Language Learning
Act, 2015, the Kannada Language Learning Rules, 2017, and the Karnataka
Educational Institutions (Issue of No Objection Certificate and Control) Rules,
2022.
Expressing displeasure, the bench orally observed,
For two years you have not done anything, gear up your machinery, otherwise we
will consider the application for interim relief.
The petition argued that the mandatory language
policy infringes upon the rights of students to choose their languages of
study, potentially affecting their academic performance and future career
prospects. It also highlighted the adverse impact on the livelihoods of
teachers who specialise in languages other than Kannada.
According to the petitioners, the contested rules
contradict the Karnataka Education Act, 1983, and violate several
constitutional protections, including those related to choice, equality, and
the right to education.
They have sought to declare Rule 6(1) of the NOC
Rules as unconstitutional. Alternatively, they have asked that Rule 6(2) be
struck down and that the impugned laws be held inapplicable to CBSE and CISCE
institutions.
The petition also clarified that the petitioners are
not against the teaching of Kannada in schools and have deep respect for the
language and its cultural legacy. Their objection lies in its compulsory
enforcement through legislative and executive action.
The PIL also drew attention to a previous Karnataka
High Court order that stayed the government's attempt to make Kannada
compulsory in undergraduate courses. It further cited a clarification by the
union government, which stated that the National Education Policy (NEP) 2020
does not support the forced imposition of any particular language.
Although the petitioners sought an interim stay on
the implementation of the impugned provisions, the bench declined to grant any
interim relief until the state government files its counter affidavit.
The matter will now proceed once the state submits
its objections within the court-stipulated time frame of three weeks.