Chinmaya Vidyalaya and vs The State of Karnataka, Deputy Director of Public Instruction and The Block Education Officer etc. etc.

Huluvadi G. Ramesh, J.—The petitioners in these set of writ petitions are running primary and higher primary schools by imparting education in English Medium i.e., in ICSE/CBSE pattern. They were served with the impugned notices by the Education Department to impart education from Standards I to V in Kannada as a medium of instruction or in the mother tongue of the students and to teach Kannada compulsorily as one of the languages as per the policy prescribed by the Government of Karnataka. Petitioners being aggrieved by this condition not to impart education in English medium and only to impart education in Kannada medium or in the mother tongue from I to V standard, are before this Court. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents-State.

It appears, in furtherance of the implementation of language policy in the State, the impugned notices/orders/endorsements are shown to have been issued to impart education in Kannada as a medium of instruction only from I to V standard. According to the petitioners, some of them are running ICSE schools and some of them are running CBSE schools. The grievance of the petitioners is that they have adopted the policy of teaching Kannada language as one of the subject compulsorily, but the Government of Karnataka has issued the impugned notices to impart education from Standard I to V in Kannada medium only, which is illegal and contrary to law.

The learned counsel appearing for one of the petitioners contended that, as per the guidelines of Council for the Indian School Certificate Examinations, under Chapter-I, Point No. 4 of Conditions for Provisional Affiliation of Schools deals with medium of instruction. According to which, the medium of instruction must be English and the scheme of studies must be in accordance with the scheme laid down by the Council for the Secondary and the Higher Secondary stages and approved by the Council at the Primary school stage. Special importance is given to English, including oral English for which, a high standard is required to be maintained. Accordingly, he contended that the Notification issued by the Government of Karnataka to impart education in Kannada medium is contrary to the Regulations framed by the Council for the Indian School Certificate Examinations and therefore, he sought for quashing the impugned notices.

It appears, the larger issue with regard to implementation of language policy is pending consideration before the Apex Court. However, so far as ICSE/CBSE pattern is concerned, the same are being prescribed by the educational authorities under the Central Law in the filed of education and also they have their own prescribed syllabus. One of the condition prescribed in the impugned notices is that one of the language shall be imparted in Kannada. That, of course, according to the petitioners, they are imparting education taking Kannada as one of the subject as prescribed by the Government of Karnataka. In so far as implementation of the policy of the Government of Karnataka to impart education only in Kannada Medium appears to be totally out of the scope of the Government of Karnataka. It is further submitted by the counsel for the petitioners that imposition of policy with regard to language so far as courses established under the guidelines and rules framed under the Central Act, either ICSE pattern or CBSE pattern, is contrary to the standard prescribed by the Council for the Indian School Certificate Examinations.

It is the case of the petitioners that they have been issued with ''No Objection Certificate'' by the authorities concerned after collecting the prescribed fees. As such, the decision taken by the Government of Karnataka to impart education in Kannada medium for Standards I to V is contrary to their own standards per the ''No Objection Certificate. It appears, so far as the Central schools are concerned, they are established to impart education based on the Central syllabus i.e., ICSE/CBSE. Moreover, the question of imparting education in Kannada medium and with regard to language policy is yet to be decided by the Larger Bench of the Apex Court. For the present, the Government of Karnataka has permitted the petitioners'' institutions to run the schools, with a direction to teach Kannada language compulsorily as one of the subject. Thus, according to the petitioners, they are imparting education in English medium, implementing Kannada language as one of the subject as made compulsory by the Government of Karnataka and in this regard, certificates are also issued earlier. The subsequent impugned notices directing the petitioners to impart education for I to V standards in Kannada medium only, in all force, appears to be contrary to the decision taken by the Government of Karnataka while issuing ''No Objection Certificate'' to run the schools.

In that view of the matter, the impugned notices calling upon the petitioners-institutions to impart educate in Kannada medium compulsorily from I to V standards, are quashed for the present. However, it is made clear that, any decision taken by the Supreme Court in the matter of language policy would be made applicable to the petitioners'' institutions also.

Accordingly, these Writ Petitions are disposed of.