ENGLISH MEDIUM STUDENTS PARENT ASSOCIATION versus STATE OF KARNATAKA AND ORS.

ENGLISH MEDIUM STUDENTS PARENT ASSOCIATION versus STATE OF KARNATAKA AND ORS.

The Karnataka Government language policy, as embodied in G.O. No. 87 PRU SE BHA 88 dated 19.06.1989, is not violative of Articles 29, 30, or 14 since compulsion is removed at the primary stage and Kannada is optional for non-Kannada speaking students. The policy is in consonance with Article 350-A and represents a reasonable regulatory measure. Courts should not interfere in State language policy unless constitutional violations are present.

Parties
Petitioner: English Medium Students Parents Association; Respondent: State of Karnataka and Ors.
Jurisdiction
India
Judgment Date
08 December 1993
Procedural Posture
Writ Petition (c) No. 536 of 1991; Civil Appeals Nos. 2856 57 of 1989 / Final Decision—judgment
Outcome
Petition and civil appeals dismissed
Legal Topics
Language Policy in Educational Institutions, Minority Rights, Medium of Instruction, State Policy
Constitutional Law Education Law Language Policy in Educational Institutions Minority Rights Medium of Instruction State Policy

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Parties

English Medium Students Parents Association

Petitioner

State of Karnataka and Ors.

Respondent

Procedural Posture

Writ Petition (c) No. 536 of 1991; Civil Appeals Nos. 2856 57 of 1989 / Final Decision—judgment

Legal Issues

  1. 1 Whether the Karnataka Government order on language policy is violative of Articles 14, 29, and 30 of the Constitution
  2. 2 Whether the language policy infringes Article 350-A regarding facilities for mother tongue instruction
  3. 3 Whether compulsion in language instruction imposes discriminatory burdens on linguistic minorities

Ratio Decidendi

The Karnataka Government language policy, as embodied in G.O. No. 87 PRU SE BHA 88 dated 19.06.1989, is not violative of Articles 29, 30, or 14 since compulsion is removed at the primary stage and Kannada is optional for non-Kannada speaking students. The policy is in consonance with Article 350-A and represents a reasonable regulatory measure. Courts should not interfere in State language policy unless constitutional violations are present.

Court Disposition

Petition and civil appeals dismissed

Orders

  • No order as to costs.
  • Government Order dated 19.6.1989 upheld.