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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
        DATED THIS THE 13TH DAY OF MARCH 2013
                       PRESENT
      THE HON' BLE MR.D.H.WAGHELA, CHIEF JUSTICE
                         AND
       THE HON' BLE MRS.JUSTICE B.V.NAGARATHNA
             WP No.9277/2013 (EDN-RES-PIL)
BETWEEN

1.   KANNADA KRIYA SAMITHI
     CA-3, E & F BLOCK,
     RAMAKRISHNA NAGAR,
     MYSORE-570027,
     REPRESENTED BY ITS SECRETARY,
     PROF.S.R.SUDARSHAN.

2.   PROF.KRISHNA MURTHY HANUR
     S/O SRI ALASINGARIAH,
     RETD. PROFESSOR,
     KUVEMPU INSTITUTE OF STUDIES,
     AGED ABOUT 60 YEARS,
     R/AT NO.2, H-BLOCK,
     RAMAKRISHNA NAGAR,
     MYSORE-570027.

3.   PROF.N.S.RAGHUNATH
     S/O LATE SRI.S.N.NARAYANAPPA,
     AGED ABOUT 65 YEARS,
     RETD.PROFESSOR-NCERT,
     A-01-02, AIISH LAYOUT,
     BHOGADI II STAGE,
     MYSORE-570026.

4.   MR G BASAVARAJU S/O SRI SIDDAPPA,
     AGED ABOUT 59 YEARS,
     JOURNALIST, R/AT NO.10, DIYAS,
     11TH "A" BLOCK, VASU LAYOUT,
     RANGARAO LANE,
     MYSORE-570022.
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5.    MR KIKKERI NARAYANA
      S/O LATE SRI DEVIRIAH,
      AGED ABOUT 62 YEARS,
      RETD.READER (LINGUISTICS),
      CENTRAL INSTITUTE OF INDIAN LANGUAGES,
      212, 19TH MAIN, III STAGE,
      "B" BLOCK, VIJAYANAGAR,
      MYSORE-570017.

6.    PROF K.S.BHAGAVAN
      S/O LATE C.CHANNE GOWDA,
      MAJOR, RETD. PROFESSOR IN ENGLISH,
      MAHARAJA'S COLLEGE,
      10, UDAYA RAVI ROAD,
      KUVEMPU NAGAR,
      MYSORE-570017

                                           ... PETITIONERS
(By Sri.M S PURUSHOTHAMA RAO, ADV.)


AND

1.    UNION OF INDIA
      REP. BY SECRETARY TO GOVERNMENT
      MINISTRY OF EDUCATION,
      CENTRAL GOVERNMENT SECRETARIAT,
      NEW DELHI-110001.

2.    STATE OF KARNATAKA
      REP. BY SECRETARY TO GOVERNMENT
      DEPARTMENT OF PRIMARY EDUCATION
      KARNATAKA GOVERNMENT SECRETARIAT,
      BANGALORE-560 001

3.    COMMISSIONER OF EDUCATION
      IN KARNATAKA,
      GOVERNMENT OF KARNATAKA,
      NEW PUBLIC OFFICES,
      NRUPATHUNGA ROAD,
      BANGALORE-K560001
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4.   THE DIRECTOR OF PUBLIC INSTRUCTIONS IN
     KARNATAKA (PRIMARY EDUCATION),
     NEW PUBLIC OFFICES,
     NRUPATTHUNGA ROAD,
     BANGALORE-560001.

                                                  ... RESPONDENTS
(By SRI.R.DEVDAS, AGA FOR R.2 TO 4)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUION OF INDIA PRAYING TO
QUASH THE ORDER NO.ADM-2/A.MA/A.01/12-13 DATED
15.05.2012 (ANNEXURE-C) ON THE FILE OF COMMISSIONER
OF PUBLIC INSTRUCTIONS IN KARNATAKA ,BANGALORE.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:


                            ORDER

D.H.WAGHELA, C.J. (Oral) :

The petitioner claiming to be an Institution and individuals interested in proper upkeep, propagation and imparting of education in Kannada language, have invoked Articles 226 and 227 of the Constitution, for an appropriate writ quashing the order dated 15.05.2012 of the Director (Primary Education) in the office of the Commissioner, Department of Public Instruction of the State Government. The preamble of memo of the impugned order, in effect and substance, states that various Deputy Directors of Public Instruction have requested to grant permission to start English medium sections from standard 6 in Government Higher Primary Schools, and on such recommendations, 341 Government Model Higher Primary Schools are permitted to start additional English medium sections, subject to the condition, inter alia, of teaching in English medium sections being done by the existing available Teachers.

2. It was vehemently argued by learned counsel Sri.M.S.Purushothama Rao, that the impugned order was in violation of the provisions of Section 29 of the Right of Children to Free and Compulsory Education Act, 2009 (for short ‘the Act’), wherein, in Sub-Section (2), it is provided that the Academic Authority shall take into consideration, inter alia, that medium of instruction shall, as far as practicable, be in child’s mother tongue. It was, however, seen that the “child” defined under Section 2(c) of that Act, means a male or a female child of the age of six to fourteen years, and the guidelines provided by Sub-Section (2) of Section 29 is primarily aimed at facilitating education at primary level, when the child is initiated into attending a School.

3. In the facts of the present case, what is apparently intended by the impugned order is, affording to the child and its parents an opportunity to pursue his/her primary education from standard six, either in English medium or in the mother tongue of the child. Therefore, no exception could be made to the additional facility being provided to even the children, who may be studying in remote and rural areas of the State. The provisions of the Right of Children to Free and Compulsory Education Act, 2009 are in no way violated by the impugned order. Therefore, we do not find any substance in the petition and accordingly, it is summarily dismissed.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE mv

Article Link:https://indiankanoon.org/doc/51887932/