- (1.) Leave granted in all the special leave petitions. SLP (C) Nos. 18139-18163 of 2008
(2.) These appeals have been filed against the final judgment and order dated 02.07.2008 passed by the High Court of Karnataka at Bangalore in Writ Petition No. 14363 of 1994 connected with Writ Petition Nos. 14377, 15491, 19453, 22563, 25647, 18571, 19331, 17337, 18787, 19469, 20165, 17338, 22752, 19434, 17677, 19346 of 1994, Writ Appeal No. 2415 of 1995, Writ Petition Nos. 11785, 29540 of 1995, Writ Petition Nos. 34396, 34684, 34185 of 1996, Writ Petition No. 30645 of 1999 and Writ Petition No. 900 of 2000 whereby the High Court partly allowed the writ petitions filed by the respondents herein.
(3.) Brief facts: (a) The Associated Management of Govt. Recognized Primary and Secondary Schools Association is a society registered under the Karnataka Societies Registration Act , 1960 (in short 'the Society')-Respondent herein, consisting of recognized, unaided, English medium, primary and secondary schools in the State of Karnataka. On 19.06.1989, the Government of Karnataka, in pursuance of Constitutional mandate under Article 350A of the Constitution of India, spelt out its language policy by way of a Government Order specifying the mother tongue as the medium of instruction at the primary school level and making it mandatory for every child who has not opted for 'Kannada' as the first language to take it as a second language. The aforesaid order was challenged before this Court in English Medium Students Parents Association vs. The State of Karnataka & Ors., 1994 1 SCC 550, wherein, by order dated 08.12.1993, this Court, while upholding the Government Order dated 19.06.1989, declined to interfere in the matter. (b) In the light of the aforesaid order dated 08.12.1993, the Government of Karnataka issued a revised Government Order dated 22.04.1994 purporting to re-affirm its policy set out in its earlier order dated 19.06.1989. The Government of Karnataka, having regard to the difficulties and hardships involved in converting English medium schools to Kannada medium schools, resorted to make the policy applicable to the English medium schools from the year 1989. In supersession of all the earlier orders, the Government of Karnataka issued subsequent Government Order dated 29.04.1994 indicating the language policy to be followed in the State with effect from the Academic Year 1994-1995. As per the said order, the medium of instruction from 1st to 4th standard in all schools recognized by the State Government shall be either the mother tongue or Kannada from the Academic Year 1994- 1995, however, permission was granted to the students studying in 2nd, 3rd and 4th standards to continue in the medium of language they were studying at that time. It was also ordered to close down all the unauthorized schools that were not fulfilling the prescribed conditions. (c) In pursuance of the impugned Government Order, consequential orders were issued to several schools calling upon them to change the medium of instruction and to effect other consequential changes. Being aggrieved of the impugned orders, various linguistic and religious minorities, religious denominations, parents, parents' associations, children through their parents and educational institutions run by the majority filed Writ Petition being No. 14363 of 1994 and connected writ petitions before the High Court of Karnataka questioning the constitutional validity of the Government Orders dated 22.04.1994 and 29.04.1994 as being violative of Articles 14, 19(1)(a), 21, 29(2) and 30(1) of the Constitution of India. (d) The full Bench of the High Court, by order dated 02.07.2008, partly allowed the writ petition and the connected petitions while upholding the Government Order and quashed clause Nos 2, 3, 6 and 8 of the impugned Government Order dated 29.04.1994 in its application to schools other than the schools run or aided by the Government. (e) Being aggrieved, the State of Karnataka has preferred these appeals by way of special leave before this Court. Writ Petition (C) No. 290 of 2009;