Karnataka HC: Stays on making Kannada, Compulsory Language in Degree Courses

Karnataka High Court SC&HC JUDGES PADMA/STATE AWARDS

Khushi Gupta

Published on: April 6, 2022 at 18:10 IST

The Karnataka High Court, put stay on two Government Orders issued in 2021, making Kannada Language a Compulsory subject in Degree Courses in the State.

A Division Bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar said,

“In view of the stand of the Central Government that the Kannada Language cannot be made as compulsory subject in higher studies for the purpose of purpose of implementing National Education Policy. We Prima Facie find that the Impugned Government Orders dated 7/08/2021 and 15/09/2021 cannot be implemented. The operation of the Government Orders is stayed till further orders.”

The Court had asked the Government of India to clear its stand on the issue. Following which an Affidavit was filed stating that, “There is no mention of any compulsion of language in the National Education Policy 2020 and the policy is to be understood, interpreted and implemented keeping in mind broad objectives enshrined in the Constitution.”

The Bench had said, “We have considered the submissions. We are of the Prima Facie view that matter with respect to Kannada Language being made compulsory language in higher studies on the basis of National Education Policy, is a question which requires consideration. State government at this stage shall those Students who have taken the Kannada Language on the basis of their choice may do so, all such students who do not wish to take the Kannada language shall not be compelled to pursue the Kannada language, till further Orders.”

The Plea Challenges two Government Orders dated August 7, 2021 and September 15, 2021 as Arbitrary and Contrary to the Freedom of Speech and Expression guaranteed under the Constitution. It was stated that a person has the Freedom to choose the Language for the study and forceful implementation is the Violation of their Fundamental Right.

The Court will take up the matter for Final Hearing in the last week of July.

Also Read: Supreme Court: Court can Exercise Contempt Jurisdiction even if Order or Decree is Executable

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