Educational institutions cannot be discriminated against in medium of instruction; both government and aided schools have equal rights under constitutional provisions.

ORDER :

S.R.KRISHNA KUMAR, J.

In this petition, the petitioner seeks the following reliefs:

(a) Hold and declare that the State cannot discriminate with the Government Educational Institutions in respect of Private Aided Educational Institutions with regards to Medium of Instructions in the Schools registered and recognized under the provisions of the Karnataka Education Act, 1983, failing which, it would amount to violation of Articles 14, 19(1)(a)(g), 21 and 21A of the Constitution.

(b) Hold and declare that the stand of the respondents in denying conversion of One Section each in 8^th, 9^th and 10^th Standards from existing Kannada Medium to English Medium as purely arbitrary and violation of Article 14, 19 (1)(a)(g), 21 and 21A of the Constitution.

(c) Hold and declare that the existing Private Aided Educational Institutions are entitled to seek conversion of the Medium of Instructions from Kannada Medium to English Medium considering the need of the children and the parents as per the rights guaranteed under Article 14, 19(1)(a)(g), 21 and 21A of the Constitution.

(d) Quash the Endorsement bearing No.AA NU2 NYA DAA HU BA.29/2024-25/389 dated 13.05.2025 by the 4^th respondent vide Annexure-AC.

(e) Direct respondent Nos.1 to 3 to consider the proposal dated 11.02.2023 regarding change of medium to English from Kannada Medium insofar as each section of 8^th, 9^th and 10^th Standards in Ganapathi High School, Hebbur run by the petitioner management in accordance with Rule 7 and Form No.III and IV of the Karnataka Educational Institutions (Classification and Registration) Rules, 1997 vide Annexure-J and KCSRs, Circular dated 05.09.2015 issued by the Government in furtherance of the decision of the Hon’ble Supreme Court and this Hon’ble Court vide Annexure-L bearing No.ED 359 PGC 2015.

(f) Consequential relief or any other appropriate order or direction as this Hon’ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity.

2. Heard learned counsel Sri.M.P.Srikanth for petitioner and Sri.Manjunath K., learned High Court Government Pleader for respondents and perused the material on record.

3. A perusal of material on record will indicate that the petitioner is running an aided High School at Hebbur, Tumkur Taluk and District for classes 8^th, 9^th and 10^th in Kannada medium. The petitioner conducts classes in two sections each in 8^th, 9^th and 10^th Standards and intends to convert one section each into English medium. In this regard, the petitioner submitted a request/application to the respondents who rejected the same, as a result of which, the petitioner approached this Court in W.P.No.12849/2024 which was allowed vide final order dated 21.04.2025 by remitting the matter back to the respondent for reconsideration afresh, in accordance with law, as hereunder:

“In this petition, petitioner seeks the following reliefs:

“a) Quash the Endorsement bearing No.AA PRA SHA SHI HIMBARAHA 26/2023-24 dated 13.02.2024 as issued by the 5^th respondent vide Annexure-N.

b) Direct respondent Nos.1 to 3 to consider the proposal dated 11.02.2023 vide Annexure-J regarding change of medium to English from Kannada Medium insofar as each Section of 8^th, 9^th and 10^th Standards in Ganapathi High School, Hebbur run by the petitioner management in accordance with Rule 7 and Form No.III and IV of the Karnataka Educational Institutions (Classification and Registration), Rules, 1997, Circular dated 05.09.2015 issued by the Government vide Annexure-L in furtherance of the decision of the Hon’ble Supreme Court and this Hon’ble Court.

c) Consequential relief or any other appropriate order or direction as this Hon’ble Court deems fi