Karnataka HC Directs State Not To Precipitate Issue Of Making Kannada Language Compulsory Subject For Degree Courses Till December 16

The direction was given by a division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum after Additional Solicitor General M B Nargund appearing for the Union of India sought a short accommodation for seeking instructions in the matter.

The Bench was hearing a plea challenging the Karnataka Government's decision making Kannada language a compulsory subject in degree courses in the State

"Till the next date of listing the State government and the University shall not precipitate the matter with respect to making Kannada language compulsory," the Court ordered.

On November 15, the court had asked the Central Government if States can, under the National Education Policy (NEP), make study of regional language compulsory for students enrolling in degree courses.

This had followed after Advocate General Prabhuling K. Navadgi, appearing for the State government, had defended the move saying the government order is in consonance with the NEP.

The AG highlighted that the prescription of Kannada as one of the two languages for all the students pursuing higher education is necessary to assimilate the Non-Kannadigas into the Kannada regional language, culture and thus it is not contrary to the constitutional principles.

Advocate Shridhar Prabhu, appearing for one of the petitioners (students), submitted that there is urgency in matters as the University is insisting the colleges to send admission papers for finalization of admissions in various courses.

Senior Advocate SS Naganand appearing for another petitioner, Samskrita Bharati Karnataka Trust, endorsed the submission. He said "Students have sought admissions and they have selected languages other than Kannada, the colleges informed them ok since we have not yet sent your admission to the university we will keep it on hold. They are not willing to wait for a long time."

Following which the court granted time to the ASG to take instruction till December 16, and orally observed, "Whatever the stand of the state government and Central government it should come before the court."

The plea challenges two GOs dated August 7, 2021 and September 15, 2021 as arbitrary and contrary to the freedom of speech and expression guaranteed under Article 19 of the Constitution of India.

It states that the impugned GOs take away the freedom to choose a language for study and makes it mandatory for all students in Karnataka to take up Kannada as a language in degree courses offered in all streams of science, commerce and arts. Thus, there is a restriction on freedom of speech and expression enshrined under the Constitution of India.

Case Title: Samskrita Bharati Karnataka Trust v. Union Of India

Case No: WP 18156/2021