LexTHE STATE OF KARNATAKA versus THE ASSOCIATED MANAGEMENT OF (GOVT. RECOGNIZED UNAIDED ENGLISH MEDIUM) PRIMARY AND SECONDARY SCHOOLS & ORS.
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[2013] 7 S.C.R. 446 A THE STATE OF KARNATAKA & ANR. v. THE ASSOCIATED MANAGEMENT OF (GOVT. RECOGNIZED UNAIDED ENGLISH MEDIUM) PRIMARY AND SECONDARY SCHOOLS & ORS. B (Civil Appeal Nos. 5166-5190 of 2013) JULY 05, 2013 [P. SATHASIVAM AND RANJAN GOGOi, JJ.] C EDUCATION: Primary education - Medium of instruction from 1st to 4th standard - Held: In view of the fact, that a two-Judge Bench in English Medium Students Parents Association has already D arrived at a decision as to the question whether the medium of instruction should be that of mother tongue, it is not appropriate to decide the very same issue under different grounds by a coordinate Bench -- Besides, the vital question involved in the instant matters has a far-reaching significance E on the development of children -- Further, the issue concerns about the fundamental rights of not only the present generation but also the generations yet to be born -- Considering the constitutional importance of the matter, the same is referred to a Constitution Bench for consideration of the questions enumerated in the judgment - Reference to F larger Bench. The Government of Karnataka, in pursuance of Constitutional mandate under Art. 350A of the Constitution of India, by Government Order dated G 19.06.1989, specified the mother tongue as the medium of instruction at the primary school level making it mandatory for every child who had not opted for 'Kannada' as the first language to take it as a second H 446 STATE OF KARNATAKA v. ASSOC. MANAG. OF PRIMARY 447 AND SECONDARY SCHOOLS language. The said GO was upheld by the Supreme Court A . in English Medium Students Parents Association . Subsequently, in supersession of all the earlier orders, the Government of Karnataka issued Government Order ·dated 29.04.1994 in terms of order dated 22.04.1994 mandating that the medium of instruction from 1st to 4th 8 standard in all schools recognized by the State Government should be either the mother tongue or Kannada from the Academic Year 1994-1995. However, permission was granted to the students studying in 2nd, 3rd and 4th standards to continue in the medium of C language they were studying at that time. It was also ordered to close down all the unauthorized schools that were not fulfilling the prescribed conditions. Several writ petitions, including the one by the respondent-Primary and Secondary Schools Association, were filed. The full 0 Bench of the High Court, by order dated 02.07.2008, partly allowed the writ petitions while upholding the Government Order dated 29.04.1994, and quashed clause Nos. 2, 3, 6 and 8 thereof in its application to schools other than the schools run or aided by the Government. E Aggrieved, the State of Karnataka preferred the instant appeals. Besides, 15 reside.nts of the State of Karnataka, claiming as eminent educationists, deeply interested in the subject, namely, that primary education from 1st to 4th standard in all Government recognized F schools should be in the mother tongue of the children, filed Writ Petition No. 290 of 2009 under Art. 32 of the Constitution of India praying to declare that the Government Order dated 29.04.1994 is constitutionally . valid in respect of unaided government recognized G primary schools also and to issue a writ of mandamus directing the State Government to implement its order dated 29.04.2004. Civil Appeals nos. 5191-5199 of 2013 were filed by various officers of the Education Department of the State of Karnataka against the order H 448 SUPREME COURT REPORTS (2013) 7 S.C.R. A dated 03.07.2009, passed by Single Judge of the High Court, directing them to accord permission to the respondents in ~he said appeals to start an English Medium School in the State. Referring the matter to a Constitution Bench, the 8 Court HELD: 1.1 The crux of all the grounds raised in the instant matters is whether the mother tongue or the regional language can be imposed by the State as the C medium of instruction at the primary education stage. The issue pertaining to the medium of instruction contemplated in the writ petition before the High Court is not untouched by the decision in English Medium Students Parents Association* wherein this Court upheld o the mother tongue as the medium of instruction in the primary education. [Para 29 and 34) [465-B-D; 467-C) E English Medium Students Parents Association vs. The State of Kamataka & Ors. 1
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