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Karnataka HC seeks govt reply on plea against compulsory Kannada in schools
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.
These enactments, the petitioners contend, make it compulsory for all schools to teach Kannada irrespective of their affiliation.
During the hearing, the court was informed that despite the matter being pending for two years, the state government had not submitted its objections.
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.
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