The High Court of Karnataka on Wednesday stayed implementation of the State Government’s two communications, issued in August-September last year citing the National Education Policy-2020, making Kannada a compulsory language for undergraduate courses from the 2021-22 academic year.
A Division Bench comprising Chief Justice Ritu Raj Awasthi and Justice S.R. Krishna Kumar passed the interim order while hearing the petitions filed by Samskrita Bharati (Karnataka) Trust and others.
The Bench passed the interim order taking note of the clarification given by the Central Government that “there is no mention of any compulsory language in the National Education Policy (NEP)-2020.”
“In view of the stand taken by the Central Government that Kannada language cannot be made as a compulsory subject in higher studies for the purpose of implementation of NEP-2020, we prima facie find that the impugned Government Orders of August 7, 2021, and September 15, 2021, cannot be implemented or put to operation till further orders,” the Bench said while staying both the Government Orders.
The court, in its earlier interim order on December 12, 2021, had already directed the State Government not to insist on making Kannada as a compulsory language. “The students who have already taken Kannada language on the basis of their choice may do so, but 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 court had said.
“The NEP-2020 has to be understood, interpreted and implemented keeping in mind broad objectives enshrined in the Constitution, the Centre said. As per NEP-2020, higher education institutions may offer medium of instruction or programmes in local/Indian languages,” the Centre had said.
The petitioners had contended that the Government Orders of August 7 and September 15, 2021, making Kannada one of the two languages to be compulsorily studied in degree courses irrespective of the languages the students studied up to class XII, the State from which they hail from, and their mother tongue or the regional language.
One of the contentions of the petitioners was that the very act of making a language as compulsory was contrary to the object of NEP-2020, which purports to offer a choice-based system to promote inclusivity and access to education.
