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1984 Supreme(Kar) 25
Karnataka High Court
Rajashekhar T.R - Appellant
Versus
State - Respondent
Decided On : 01-27-84
W.P. : 18882 of 1982
G.N.Seshagiri Rao, G.VARADARAJA TLRUMALE, R.N.NARASIMHA MURTHY, S.G.SUNDARASWAMY
Headnote:
Sanskrit as a subject in school curriculum - Government Order dated July 20, 1982 - Validity - Whether violative of Articles 14, 25, 26, 29 and 30 of the Constitution of India - Held, impugned order is violative of Article 14 of the Constitution of India.
Fact of the Case:
The Government of Karnataka issued a Government Order dated July 20, 1982, which mandated that Kannada would be the sole first language in secondary schools from the academic year 1987-88. The order also stated that students joining the eighth standard from the academic year 1982-83 could not take Sanskrit as the first language or as a composite first language. However, they could take Sanskrit as a third language. This order was challenged by several students and Sanskrit Parishaths (registered societies) on the grounds that it violated their fundamental rights under Articles 14, 25, 26, 29, and 30 of the Constitution of India.
Finding of the Court:
The Court held that the impugned Government Order was violative of Article 14 of the Constitution of India. The Court observed that the order was arbitrary and discriminatory as it singled out Sanskrit for exclusion from the list of first languages that students could choose to study. The Court further held that the order did not have any rational nexus to the object sought to be achieved, which was to promote the study of Kannada. The Court also rejected the State's argument that Sanskrit was a dead language and, therefore, could not be included in the school curriculum. The Court held that Sanskrit was a living language and that it had a rich cultural and literary heritage. The Court also held that the order violated the petitioners' rights under Articles 25 and 29 of the Constitution, which guarantee the right to freedom of religion and the right to conserve one's language and culture, respectively.
Issues: 1. Whether the impugned Government Order was violative of Article 14 of the Constitution of India? 2. Whether the impugned Government Order violated the petitioners' rights under Articles 25 and 29 of the Constitution of India?
Ratio Decidendi: The Court held that the impugned Government Order was violative of Article 14 of the Constitution of India. The Court observed that the order was arbitrary and discriminatory as it singled out Sanskrit for exclusion from the list of first languages that students could choose to study. The Court further held that the order did not have any rational nexus to the object sought to be achieved, which was to promote the study of Kannada. The Court also rejected the State's argument that Sanskrit was a dead language and, therefore, could not be included in the school curriculum. The Court held that Sanskrit was a living language and that it had a rich cultural and literary heritage.
Final Decision: The Court allowed the petitions in part and quashed clause (4) of the impugned Government Order with a direction to the respondents not to enforce that clause (4) as against the concerned students.
( 1 ) THESE petitions, under Article 226 of the constitution, concern with the validity of the State Government Order dated July 20, 1982 by which Sanskrit has been jettisoned from the school curriculum. The Government while giving primacy to Kannada has included Sanskrit in the list of two other languages to be studied. This patter of study shall come into effect from the academic year 1987-88 and the existing patter of language studies will continue till then. But there is a constraint on students joining VI11 Standard from the academic year 1982-83 so far as Sanskrit is concerned. They are prohibited from taking sanskrit as hitherto available as. First language or composite First language till 1987- 88. They can, however, take it as Third language. Most of the petitioners are students. They are now studying in the VIII Standard. The other petitioners are 'sanskrit parishaths' which are registered Societies, the object of which, inter alia, is to disseminate and spread of Sanskrit knowledge throughout the State.
( 2 ) THE events leading to the impugned order are as follows: till October 20, 1979 Sanskrit was one of the First languages prescribed in the school curriculum. Sanskrit was also prescribed as composite course with another language. It appears that the "all India kannada Sahitya Parishat" at its 49th Conference held at Shimoga, pointed out that the Sanskrit Text Books prescribed for high School Classes were not upto the standard when compared with the like kannada Text Books. The Conference also pointed out that the students taking sanskrit as First language used to get more marks and an easy pass. Those appears to be the cause of action for the Government to act and delete Sanskrit from the list of first languages. The Government Order dated October 20, 1979 made in this connection reads as follows:"proceedings OF THE GOVERNMENT of KARNATAKA sub: Study of Sanskrit in High School class - Orders regarding. ORDER NO. ED 113 SOH 79, BANGALORE, dated 20. 10. 1979. ORDER:- in the circumstances, sanction is accorded to remove Sanskrit language from the list of First languages and retain its place as indicated below: (1) As composite course of two periods for students who take Hindi, Marathi, Tamil, telugu, as First languages. (2) A s third language course of three periods as an alternative language to Hindi for those,who take Kannada as First Language. BY ORDER AND IN THE NAME OF THE governor OF KARNATAKA"
( 3 ) T. N. Saraswathamma and others challenged the validity of the said Government order in W. P. No. 2191/80. On January 30, 1980 this Court issued Rule Nisi and stayed the operation of that Government order. Consequently, the Commissioner for public Instructions by Circular dated April 30, 1980, directed that Sanskrit language would continue in the list of First language prescribed for study until further orders. Later on, the Government took a decision not to give effect to the order dated october 20, 1979 and filed a memo in the said writ-petition, stating thus:"that a Committee was being constituted by Government to examine inter alia questions involved in the writ petition and make its report to Government and Government would take a decision afresh after receipt of the report and that the Government Order dated 20. 10. 1979 would not be given effect to and would be kept in abeyance continuing the status quo". This memo was accepted and the writ petition was dismissed as withdrawn. 3. 1 The Government by Order ED 113 soh 79, dated July 5, 1980, constituted a committee of 6 persons with Dr. V. K. Gokak as the Chairman. The Committee was directed to consider the following questions and to submit report to the Government within three months: (1) Should Sanskrit remain as the subject for study in the school Syllabus? (2) If so, how to retain it without its being an alternative for Kannada? (3) Would it be proper to have Kannada as a compulsory subject as per, the Three language Formula and should
