Karnataka: Big stakes obstinacy

On May 14 when the Supreme Court rejected a plea of the Kar-nataka state government to stay the July 2 verdict of the Karnataka high court striking down the states 1994 language policy mandating Kannada or mother tongue as the medium of instruction in all primary schools — government and private — in the state, Karnatakas 11,954 unaided schools believed that their 14-year-old battle to teach primary students in the English medium was finally over. But they had not reckoned with the obstinate determination — driven by mysterious motivations — of the state government to impose vernacular medium education on all primary school children in Karnataka (pop. 57 million).Disregarding the apex courts considered refusal to stay the Karnataka high courts judgement of July 2 — which in effect means it agrees with its rationale — on May 19, the states education minister Vishweshwar Hegde Kageri told media persons that the BJP government is firm on adhering to the 1994 language policy. Typically unaware that he is liable to be hauled up for contempt of the Karnataka high court, he warned that if state-board affiliated schools taught class I-V students in English without permission, the government would promptly initiate strict legal action against them. Open defiance of the Karnataka high courts July 2 order by the minister, who despite the SC refusal to grant a stay has instructed education department officials not to accept and/or approve applications for promoting/recognising English medium schools, has prompted beleaguered school managements to initiate a contempt of court petition against him. M.S. Khan, president of Modern Education Society, Ejipura, whose application for state government recognition of the societys English medium school is pending since October last year, has made an application to the states advocate general Uday Holla seeking permission to file a contempt petition against Kageri. The advocate generals consent is mandatory under the Contempt of Courts Act, 1971 which stipulates that permission of the Central/state government is required to initiate criminal prosecution proceedings against all government employees. G.S. Sharma, president of the Karnataka Unaided Schools Management Association (KUSMA), an umbrella organisation of 1,500 unaided private schools which is supporting Khans petition, says that KUSMA schools are ready to fight this battle to the bitter end. By refusing to grant permission to English medium schools, the education minister has committed contempt of the high courts July 2 order. He believes by continu-ously litigating, the state government can maintain the status quo and continue to deny the fundamental right of parents and children to choose their medium of instruction. But we are not ready to give up and will fight this battle to the bitter end, says Sharma. Ever since a full bench of the Karnataka high court (KAMS vs. State of Karnataka & Ors, Writ Petition No. 14363/1994) held on July 2 that the states 1994 language policy was violative of the fundamental right of the promoters/owners of Karnatakas 11,954 unaided or independent primary schools, to establish and administer educational institutions of their choice and…