R.M.LODHA, A.K.PATNAIK, SUDHANSU JYOTI MUKHOPADHAYA, DIPAK MISRA, FAKKIR MOHAMED IBRAHIM KALIFULLA
State of Karnataka – Appellant
Versus
Associated Management of (Government Recognised – Unaided – English Medium) Primary & Secondary Schools – Respondent
Leave granted in S.L.P. (C) No.32858 of 2013.
Facts leading to the reference to the Constitution Bench:
2. The Government of Karnataka issued a Government Order dated 19.06.1989 prescribing that “from 1st standard to IVth standard, mother tongue will be the medium of instruction”. On 22.06.1989, the Government of Karnataka issued a corrigendum substituting the aforesaid words in the earlier Government Order dated 19.06.1989 by the following words:
“from 1st standard to IVth standard, where it is expected that normally mother tongue will be the medium of instruction.”
The orders dated 19.06.1989 and 22.06.1989 were challenged before this Court and a Division Bench of this Court in its judgment dated 08.12.1993 in English Medium Students Parents Association vs. State of Karnataka & Ors. ((1994) 1 SCC 550) held that the two orders of the Government of Karnataka were constitutionally valid.
3. Thereafter, in cancellation of all earlier orders pertaining to the subject, the Government of Karnataka issued a fresh order dated 29.04.1994 regarding the language policy to be followed in primary and high schools with effect from the academic year 1994-1995. Clauses 2 to 8 of th
English Medium Students Parents Association vs. State of Karnataka & Ors. ((1994) 1 SCC 550) Para 2
Gujarat University & Anr. vs. Shri Krishna Ranganath Mudholkar & Ors. (AIR 1963 SC 703) Para 12
State of Bombay vs. Bombay Education Society & Ors. (AIR 1954 SC 561) Para 13
Usha Mehta & Ors. vs. State of Maharashtra & Ors. ((2004) 6 SCC 264) Para 14
T.M.A. Pai Foundation & Ors. vs. State of Karnataka & Ors. ((2002) 8 SCC 481) Para 15
Secretary, Ministry of Information & Broadcasting
In re The Kerala Education Bill
Rev. Father W. Proost & Ors. vs. State of Bihar & Ors. (1969(2) SCR 73) Para 22
P.A. Inamdar & Ors. vs. State of Maharashtra & Ors. ((2005) 6 SCC 537 = RLW 2005(3) SC 450) Para 22
A.K. Gopalan vs. State of Madras (AIR 1950 SC 27) Para 24
Romesh Thappar vs. The State of Madras (AIR 1950 SC 124) Para 30
Sakal Papers (P) Ltd. vs. Union of India (AIR 1962 SC 305) Para 30
Bennett Coleman & Co. vs. Union of India ((1972) 2 SCC 788) Para 30
Odyssey Communications (P) Ltd. vs. Lokvidayan Sanghatana ((1988) 3 SCC 410) Para 30
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