State Not To Make Kannada Language Compulsory In Degree Courses Till Further Orders: Karnataka High Court

A division bench of Chief Justice Ritu Raj Awashti and Justice Sachin Shankar Magadum 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 not insist on making language compulsory. 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 direction was given while hearing two petitions, one filed by students and the other by Samskrita Bharati Karnataka Trust, challenging the Karnataka Government's decision making Kannada language a compulsory subject in degree courses in the State.

Additional Solicitor General M B Nardgun who was asked by the court to clear the stand of the Government of India on the issue, said, "Making any language compulsory in any particular state on the basis of implementation of NEP would have vast ramifications and as such the government of India has to take a decision in consultation with state government in this regards."

Since necessary meetings for this purpose could not be held, the ASG was not in position to make the stand of the Union of India. He however submitted that a detailed counter affidavit on behalf of Union of India, will be filed shortly and sought time of four weeks. The request was allowed.

Advocate General Prabhuling K Navadgi sought time to file a statement of objections to the petition filed by the students Shivakumar K G and others. He submitted that these students have studied Kannada till class 12th standard and the petition is not maintainable. He also requested the court that the relief granted should be limited to the petitioners before the court.

To this, the court orally observed, "Don't politicise the issue, we have clarified it for all students."

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 the Constitution.

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.

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

Case No: WP 18156/2021