'Can Kannada Be Made Compulsory Subject In Degree Courses As Per NEP?': Karnataka High Court Asks Centre

The Karnataka High Court on Monday 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.While hearing a plea challenging the Karnataka Government's decision making Kannada language a compulsory subject in degree courses in the State, a division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum directed the Centre to file a short counter affidavit, making clear its stand. "Counsel for the Union of India wants time to file his affidavit making the stand of the Government of India, clear on the issue arising out of the present petition. One week is granted to the 1st respondent to file an affidavit making the stand of the Union of India, clear," the Court ordered.Advocate General Prabhuling K. Navadgi appearing for the State had defended the move saying the government order is in consonance with the NEP. "NEP broadly gives the guidelines," he said.The AG highlighted that 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.He added, "Study of Kannada language for 4 semesters has been made compulsory only to those Kannadigas who have studied Kannada at School level. Every student can study one other language of his choice. For students from outside Karnataka/ outside India, and for those students from within Karnataka who have not studied Kannada at School level, only "Functional Kannada" has been made mandatory for only one semester."Further he said, "The object of prescribing the learning of functional Kannada for a period of six months for outside students, in a four year course, cannot be considered so irrational." Pressing for interim relief however, Senior Advocate S S Naganand appearing for the petitioner contended,"The question is prima facie whether such a restriction is legally tenable. Some moderation by way of interim relief will go a long way to the hardship faced by students who wanted to opt for other languages but now because of the state government's decision are forced to choose only Kannada." He added, "If I fail in the petition then the students can be made to learn the language in the second semester."Naganand further contended that the impugned decision violates the NEP which does not specify any mandatory language criteria for Higher Education and rather, gives flexibility to students."There is no provisions in NEP to make the local language compulsory as one of the subjects. The parties are not language chauvinist. There are a large number of education institutions, where other languages are taught. For teaching language at University level you need a library etc. By this process if they do away with all other languages, what is going to happen is it violates National Education Policy," said Naganand. He added, "The question is not whether I love Kannada or whether somebody else should be forced to love Kannada. The question is constitutionally can such a right to one's study be taken away." 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. The State has raised a preliminary objection on the maintainability of the plea. "The petition of such nature cannot be filed as a PIL. If somebody is aggrieved by some imposition that is compulsory upon him, it is open for such a person to approach the court. Till today no student or institution is before the court," the AG submitted. Further challenging the locus of the petitioner, it was submitted, "This imposition is a bilateral relation between the state government, institution and student. No third party can approach this court." Moreover, the Ag said, "This seems to be filed to protect private interest. Because by making Kannada compulsory, students will opt out of Sanskrit and choose kannada and the livelihood of these teachers will be affected." Case Title: Samskrita Bharati Karnataka Trust v. Union Of India Case No: WP 18156/2021

'Can Kannada Be Made Compulsory Subject In Degree Courses As Per NEP?': Karnataka High Court Asks Centre

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