- (1.) 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 v. 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 the Government Order dated 29.04.1994, with which we are concerned in this reference, are extracted hereinbelow:- "2. The medium of instruction should be mother tongue or Kannada, with effect from the academic year 1994-95 in all Government recognized schools in classes 1 to 4. 3. The students admitted to 1st standard with effect from the academic year 94-95, should be taught in mother tongue or Kannada medium. 4. However, permission can be granted to the schools to continue to teach in the pre-existing medium to the students of standards 2 to 4 during the academic year 94-95. 5. The students are permitted to change over to English or any other language as medium at their choice, from 5th standard. 6. Permission can be granted to only students whose mother tongue is English, to study in English medium in classes 1 to 4 in existing recognized English medium schools. 7. The Government will consider regularization of the existing unrecognized schools as per policy indicated in paragraphs 1 to 6 mentioned above. Request of schools who have complied with the provisions of the code of education and present policy of the government will be considered on the basis of the report of the Zilla Panchayat routed through commissioner for public instructions. 8. It is directed that all unauthorized schools which do not comply with the above conditions, will be closed down." Thus, these clauses of the Government order dated 29.04.1994 provided that medium of instruction should be mother tongue or Kannada with effect from the academic year 1994-1995 in all Government recognized schools in classes I to IV and the students can be permitted to change over to English or any other language as medium of their choice from class V. The Government Order dated 29.04.1994, however, clarified that permission can be granted to only those students whose mother tongue is English, to study in English medium in classes I to IV in existing recognized English medium schools.;