'How Can We Compel State?' High Court Rejects PIL Questioning Karnataka Govt's Decision To Stall National Education Policy

The Karnataka High Court on Tuesday (August 12) dismissed a PIL challenging Congress-led State government's 2023 decision to stall implementation of the Centre's National Education Policy 2020.

A division bench of Chief Justice Vibhu Bakhru and Justice Ramchandra D Huddar observed that it cannot intervene in matters of policy unless the Petitioner establishes violation of any Fundamental/ statutory rights.

“How can we direct the government to follow a particular policy and not to follow a particular policy? Under which law can we compel them (State government) to accept or reject a policy?” the judges orally remarked during the hearing.

For context, Karnataka government's Department of Higher Education had on October 11, 2023 withdrawn implementation of NEP and had constituted an Expert Committee to formulate a State Education Policy.

Senior Advocate Aruna Shyam appearing for the petitioners stressed that the idea behind NEP was that there should be 'One Nation, One Education'.

"Same education across the country and there will be no different education region wise. The policy which was implemented and ongoing was disturbed. This is our grievance," the counsel submitted.

He added that Central Government had capped huge funds for the policy and stalling it will cost the exchequer.

Appearance: Senior Advocate Arun Shyam for Advocate Suyog Herele E for Petitioner.

DSGI SHANTHI BHUSHAN H for R1.

AGA Niloufer Akbar for R2 to R5.

Case Title: Girish Bharadwaj & ANR AND State of Karnataka & Others Case No: WP 5838/2024

Citation No: 2025 LiveLaw (Kar) 269