Recently, Karnataka High Court has ordered the issuance of notice to the state government on a petition challenging the mandatory teaching of Kannada as a language in CBSC/CICSE schools.
The petition was heard before the division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal, who ordered issuing the notices.
In the said matter, Twenty parents of children studying in such schools have petitioned the HC challenging 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 by which learning Kannada as first, second or third language is mandatory for students.
"The aforesaid enactments severely and prejudicially affect the right of school children studying in the State of Karnataka to study a First, Second and Third language of their choice. This has grave ramifications on the academic outcome of the students and stands to prejudicially affect their academic and employment opportunities in the future," the petition stated.
The petition was filed by Somashekar C, Srinivas Gaonkar, Geraldine Perpetua Andrews, Aneesha Hussain and 16 other parents, all from Bengaluru.
Senior Advocate Aditya Sondhi appearing for the petitioners argued that while the Impugned Act and Impugned Rules mandate that Kannada is to be taught as a First or a Second language, the NOC Rules require Kannada to be taught as a Second or a Third Language. It says,
“Rule 6(1) of the NOC Rules travels beyond the scope of the parent Act, l.e., the Karnataka Education Act, 1983, and states that all schools affiliated to CBSE and CISCE shall come under the purview of the Karnataka Education Act, 1983. Such a stipulation is prima facie contrary to Section 1(3)(a) of the Karnataka Education Act, 1983.”
Further, “Rule 6(2) that Kannada shall be taught as a second or a third language as per provisions of the Impugned Act. This is also without any application of mind as the Impugned Rules which operationalize the Impugned Act do not provide any mechanism or method by which Kannada could be taught as a Third language.”
Furthermore, “Rule 6(5) of the NOC Rules states that the State Government may withdraw the NOC granted to the institution, in case of any violation of the provisions of the NOC Rules. Such a provision has been made only to threaten CBSE and CISCE schools into compulsorily teaching Kannada as a language even though such a penal consequence cannot be traced back to the parent Act i.e. the Karnataka Education Act, 1983.”
Accordingly, the plea prays for declaring that Rule 6(1) of the NOC Rules as unconstitutional, and consequently declare that the NOC Rules do not apply to CBSE and CISCE schools. In the alternative, it is sought to hold that Rule 6(2) of the NOC Rules are unconstitutional and declare that the Impugned Act and the Impugned Rules do not apply to CBSE and CISCE schools.
Further, the plea seeks to forbear the State and its officials from implementing the Impugned Act and the Impugned Rules against schools affiliated to CBSE and CISCE boards.
The petitioners also sought interim relief to stay the implementation of the impugned enactments. However, the bench refused to pass any interim orders until the State government files its statement of objections.
Case Title: Somashekar C & Others And State of Karnataka & Others
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