"u.BX"ITSVSECRETARY
_ 1 _
IN THE HIGH COURT OF KARNATAHA HT EAHEALoRE"g§
DATED THIS THE ll"PDAY QT JuEy}ggQE_ ]
EEEbEE*f"
THE HON'BLE MRs{JfisTIcE"E,vvNAGHEHTHNA
WRIT PETITION NO Edie/20o7(EDN>HEG/P)
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RAGHAVENDRA.EXTENSIONg
MADHUGIFIe5T2Xl32'-I,'
.TUMKuR DISTRICT --
jBY_ITS*SECRETARY="
2 wCMEH's"oRGENISHTIoN AND RURAL
DEvELoEHEHT'soCIETY (R)
.'SHANKAR,TALKIES ROAD
'°aMADHUGIRI+572 132
TUMKUE_DIsTRIcT
. . . PETITIONERS
(BE sRI M S PARTHASARATHI & SRI M P SRIKANTH,
i.V ADvs,;I
ENS
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1.
THE SECRETARY TO GOVERNME&Tu
PRIMARY & SECONDARY EDUCRTION
M.S.BUILDING ‘ “m ‘u
DR AMBEDKAR VEEDHI’
BANGALORE-1
2 THE COMMISSIO§ER G? {g
PUBLIC :NsTRucT1oNj*’*
NEW PUBLIC OEEICES =_g_
NRUPATHUNGA ROAD 7 =
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EUBLIC}1NSTRUC$l0N “”
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NRUPATHUNGR,ROAD,x
~£ TEE amyuiy DIRECTOR 0?
V ‘9uB$:c INS?RUCTION
V TUMKUR NORTH
‘¥ADflUGIfiI
‘ TuMKUR”u1sTR1cT
°5zE;0CK EDUCATION OFFICER
MABHUGIRI
TUMKUR DISTRICT
… RESPGNDENTS
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3. §er contra, the learned Govetnment
Advocate submits that the applicatiofie filed
by the petitioners have been retu:hedh5f”theH
Department and that fresh applicatiohfoaght’toh
be made and that until otheh perciesienoiig
accorded to the petitt.i’oners’;thVe1y: “::ao:=-mt be-7
permitted to teach in Efiélifih medium in their
schools.
i”§:h*o§n ‘ feel?) ‘the’ counsel for the
petitioners “sabmiteigthat their applications
are on the file_e£’the concerned authorities
‘h*, aha gthat there” is no need to make a fresh
i*§pp:i§a£i§n and that in View of the Full Bench
Q§iDiQfi£f they could impart education in
Englieh medium from this academic year itself.
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5. The relevant portions of _t§ej”§gll
Bench opinion for the purpese of this c§3é’éré i-
at para Noa.l24, 135, :64; 165 to l6Q, i?§;
:91 to 193, 195, 1984;}, (2},°§3) a§gt;;0i{‘»l
6. Dr.S.RadhakriS§hSfi} “the ‘Philosopher
-Stateman and Former §fiééident gt Endia in his
Convocation afidréss tb”tfiéK3§@flra University
in 1527″£ii1§&f*fifii§ersi£ies & National Life”
in théudontefitffifzfelugu being the medium of
instructiofivihffihdfifa Pradesh spoke thus:
“:”I”amiaware that we are anxious to give
‘tgréat¢rl;éttention. to Telugu and make
“it,l’vif possible, the medium of
ifisttuction and examination in the
l.VH@egre@ courses as well. This very
lflesirabla reform has to be worked out
with gzeat caution. English is not
only the language of international
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commerce and thought, but is one ef thé”
chief factors in the “mekingi effftfiefig
Indian fiation. If :ihe:<eQ&fisei ifiqE7'
English is mt of «a-.._su£f:A_c;'1ent1iy;1§:'gh:';'
standard, our studefifa are liEelfi={Q §es
at a disadvaniage ifi"fihei: seerch/for
posts, which, eiiefieil i5 fiat a minor
consideration,» ifidie ié eat the only
country ifi the wefld Qfiefie we have to
pay keg5ni"to"£heeeQ&me;cial Value of
the°Ufiivefeityecereerf,5
Vii iHe* hes aferther opined that true
k$owledge".iS net infermation, which can be
'vgom§eyed from mind to mind, but a state of
ie.ieerSefielit§' to be created by oneself. The
ieduéetok must not do anything to interfere
'"+wit 'the unity, friendliness and humanity of
"the child mind. fl,
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…3._
8. The purpose of educatien~«eeQef§ingh”
te Dr.Radhakrishnan is to tfiainitsfcemprehehdii
the eternal values, to.ep§reeiste the seeremei
human virtues and the simple deeeficies of
life.
9. If the aim fif edgeetisn is as what
is stated_3sebo§e,i5ffiheh E fhe medium of
instructioni ie_7QhEyK an_ aid to. achieve the
same. Ne,floubt} eke full Bench of this Court,
by its epihiQh”fla£e&i2.?.2OO8, has recognized
ithe”Cohstitptiohei Rights of the citizens to
start efisestienal institutions in the medium
of ihsiruetion of their choice and has also
.iWDflphele%fihe constitutional right ef the child
i.iahd-5the parents to choose the medium of
‘H*Hihstruetions in which the child has to be
educatei. Hewever, what has to be berne in
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mind is the feet that the academic tyeér
2OG8~O9 has already commenced with eifect free ‘
1.06.2008. A lot of effert would hgeé seen,’
made by ‘the teachers in lee1e¢£1fig,le5e_-fiegfio
books in the mother tonfiue or.KaQnedéhfie§iuml
{regional language) inw~ehich_ they, heve to
teach the primary echoolieteeents_in the back
ground of_.Lthe ifletetelelfiererneent Orders
rejecting %hé;a?p:;€3t;éfiM§f the schools to
teach ~in_ Engleehq eeoientoehd the undertaking
giVefl}bY the eeh§§e§=¢§ teach in the mother
tongue Vorl Kennedevfimedium, pending the Eull
»_ Benehvopinioe»,_The _____ teachers would have also
lg’prepared*to instruct in the nether tongue or
Kenneoeifiedihm beeed on the selection of text
j boots end for nearly a month end a half the
V’izcnildren are undergoing education in the
–C nether tongue or Kannada medium. No doubt the
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parents and Children as well” nggt¥~£hég
educational institutions would have been ih @’l
mere comfortable pesitieh te ewiteh hie: tb
English medium had the §c§ee¢i¢*§§a§ hetfltet
cemmenced. Consi%§gig¢wAthefi]iact’ithet the
parents have__inve$§¢d heh *beeE% ‘and other
equiPment_3hfi}%h3 péfiévit ene Children have
commenced thie ece§e$iCRye§r with a handset
that thet weplé hate te ethdy in their mother
tongue or Kenheeelfieeium enly as the case may
be, 1t_:s impraeticel as well as harsh both on
aithe”ehildren aeweell as on the parents if the
“edecetiehaia institutions ihsist en switching
over t0’Efiglish medium of instruction in midst
.h7e”ofL zthis academic year. Although the
‘vedueetional institutiens, who are the
.H=H-§etitioners are eager ta implement and
exercise their constitutional right in terms
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of the Full Bench opinion of this Qoortg butt’
in my humble view, ooneidetidootheifaettthet7
the €ull Bench oi thigh courtx has Qno”‘wherel*
stated that the implemeotetion oi the Enolish
medium of instructionfhae”ixt”be with effect
from the ourtent eoede¢ioayee@lK2008-09) and
oouoled with the oreoticel difficulties that
would be fieoeo Ey the chiloteh and the patents
and the toot thotdthe teechers would not even
have eeleotedltefififleooks in English medium to
be prescfiibed in their respective educational
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.l*ifietitutions efid more importantly, would not
l»hete.eoffieient time to go through the text
books eeodf equip themselves to teach the
VM childten and also the fact that the Education
lteneoartment would have to grant sanction to the
‘eohoole to teach in. English, medium, in the
back ground of the §ull Bench opinion and for
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which applications which are alreafi§.pehfliflge,
er additicnai appiicatiehel”which<ifieg;dC B9
filed by' the respective 7ifistitutiene=Vwculd_
have to be scrutinized; censiéeredCahfi crders'
have te be passe§,which'epQld take time, the
institutions cannot: be 5pefimitted to switch
ever to Englieh fiedifim'ifi the eurrent academic
year.
‘:0. The inetitutions weuld aieo have to
keep ih mind these etudente who would like to
“«_ cofit¢nueA their” primary education in their
“methefiictcngue or Kannada language as any
isfitch ever te English medium by the schools
in the middle of the academic year would leave
liuefich students in the lurch and they would be
?forced to change schools and once again expend
on admission fees and other expenditure. It
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is also ix) be noted that “primary Eeouoationw
being the foundation, children must be-eneeeed
etability’ throughout’-,thelt’aeade$ieiL fear, ;
Moreover, teachers whe are preeently teaching
in the mother tohg§e_ot fianeaflaamedium may not
be trained .to teaehr inaefingliehi medium and
thereforeg_t§e_sohoels_wen1d”have to recruit
teachers; .§al;§l:p1é’1o.f?’e:e§¢’h:a..§;g in English medium
‘and flteaenefg, who, a;e_ presently’ teaching in
mothef» tongue* ef* Kannada medium would be
retren¢heo:_lf1sfifficient alternative measures
l,gte not taken care of by the institutions well
A”.in_adeance;lthe interest ef the childzen would
bea jeoeanfdieed and considering the abeve
Vfllreasone, the switch over to English medium in
‘ the midst of this academic year is in my View
~not feasible or proper. It is in the interest
of all concerned that there should be no
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uncertainty and particularly the children and_
parents should not be put to diffiéulty
as this academic year is concerned.
11. Under the oircLiinef:–encee’; N,
applications already made bff”~.the ;
educational institutions the ac;iciit«iVonal
applications to he rfiacile to be
cons idered by, re§ep§§fi@ient’e”_:..aVnd”«order:s have
to be ;LsasseciV7inV_V”ec<:.o'rc;§ance with law in the
matter of,_e'anc'tVionA"ojfiiésérmiseion for schools
to impgart. er:iuoat'i'on English medium keeping
mifie 'opiniolnl of the Full Bench of this
Co'ui%:'_ as-it:"'ejs;pAe<;%-iitiously as possible, so that
the ci'ono.e'rn,e*'d schools would be in a position
teachr.-in English medium from the beginning
4'_'<:s._Af{theA"'eoademic yea}: 2009-10. £/K
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12. In the light of the opiniofijefififieei”
Full Bench of this Court, this wtit §et;iien”
is allowed and Annexureswfi endeE are.guashe5; *
In addition to the appliaetion alreafiy filed,
the petitioners aree at, Iifiefty’ te “make any
further application elcfigfiwifihetfie requisite
fee and the respenfiefite afegdireeted to pass
necessary ordezse Qfi eheF«saifi% applications
keepifig in mine tee epihiee efVfihe Full Bench
and qrenfi nee§gsarY Veafieeien in accordance
with £’1{e eakgademig year 2639-2020
onwards.
Sd/~
Judge
bkfi’r V