Karnataka High Court Calls For State's Response Within 3 Weeks In Plea Challenging Mandatory Teaching Of Kannada In CBSE, ICSE Schools

The Karnataka High Court on Friday set an outer limit of three weeks in which the state government is to file its objections to a public interest litigation filed by parents of children studying in various CBSE and CISCE schools in the state, questioning a few enactments that make teaching of the Kannada language in schools compulsory.

A bench of Acting Chief Justice V Kameswar Rao and Justice C M Joshi said, “Counter affidavit shall be filed in 3 weeks, as an outer limit.” The court directed thus while hearing the petition filed in the year 2023 by Somashekar C & Others.

The court was told that for the last two years, the state government has not filed its objection statement. The bench orally said, “For two years you have not done anything, gear up your machinery, otherwise we will consider the application for interim relief.”

The plea states that the following enactments— Kannada Language Learning Act, 2015, Kannada Language Learning Rules, 2017, Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022— prejudicially affect both students and teachers.

So far as students are concerned, the plea states, "The aforesaid enactments severely and prejudicially affect the right of school students in the State of Karnataka to study a First, Second, and Third language of their choice. This has grave ramifications on the academic outcomes of children and stands to prejudicially affect their academic and employment opportunities in the future.”

As for teachers, it said, "These enactments have serious consequences on the livelihood of teachers who teach languages other than Kannada in schools. Clearly, these enactments have been brought into force without any regard to the interests of the school children or teachers who will be gravely affected by these enactments. The above enactments fall foul of several constitutional safeguards and guarantees and are also repugnant to the Karnataka Education Act, 1983.”

The plea prays for declaring that Rule 6(1) of the NOC Rules as unconstitutional, and consequently, declaring 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 is unconstitutional and declare that the Impugned Act and the Impugned Rules do not apply to CBSE and CISCE schools.

The petitioners state that they are not opposed to Kannada being taught as a language in schools and have utmost respect and regard for the rich heritage and history of the Kannada language and its literature.

“However, its compulsory imposition in the manner that is sought to be done through the above enactments would cause severe prejudice to school children and fall foul of constitutional principles and this issue is sought to be urged in the instant writ petition by way of public interest,” it is said.

Reference is also made to the coordinate bench order wherein the Union of India clarified that there is no scope for language imposition under the NEP 2020. Significantly, the GOs by which Kannada was sought to be imposed as a compulsory language in degree courses have been stayed by the Karnataka High Court.

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

Case No: WP 9574/2023

Appearance: Senior Advocate Aditya Sondhi for petitioners.

AGA Niloufer Akbar for Respondents.