Saturday, July 04, 2009

Govt gets 4 days to implement high court order

Govt gets 4 days to implement high court order

Rapped For Non-Compliance Of Verdict On Language Policy

TIMES NEWS NETWORK


Bangalore: After a 15-year legal battle against English as medium of instruction in primary schools, Karnataka government on Friday was told in no uncertain terms to comply with the high court order.
It was exactly a year ago (July 2, 2008) that a full bench of the Karnataka High Court had issued a historic order striking down the language policy of the government. “It’s the fundamental right of parents and the child. Let the parents decide in what language their children must study,’’ the court had said.
But, for one year, the state government dragged its feet on implementing this order. Its excuse was it had gone before the Supreme Court. On Friday, a division Bench headed by Justice N Kumar castigated the government for not complying with the full Bench order.
“The court will be forced to initiate contempt proceedings if the orders are not complied with by Wednesday (July 8).” This after, Advocate General Ashok Haranahalli pleaded for some time to discuss the matter with the government.
The Bench warned it will initiate contempt proceedings against officials named in the contempt petitions if the full Bench verdict is not complied with. Education secretary R G Nadadur, commissioner for public instruction G Kumar Naik and others were named by KUSMA, Rajajinagar Education Society and others in their petitions.
“We don’t know how the government had understood the full Bench verdict. Since last July 2, 2008 when this court had given its verdict, they have been disobeying the original order. In the absence of a stay from the apex court, the course left to the government was to implement the verdict.’’
The court said: “It is the duty of the government to implement the verdict of the highest court of the land. Mere filing of an appeal will not make any order inoperative. It seems the government was not properly advised. They have made the entire judiciary a mockery and the institution a laughing stock. They slept over the verdict for one year. They have shown enough disrespect to this court’s order. We will not be silent spectators to this kind of abdication. If we can’t enforce our order, we should not be here and the same applies to the government.”
HOW DRAMA UNFOLDED
April 29, 1994 State notifies language policy
July 2, 2008 Full bench verdict strikes down government policy
July 11, 2008 Single bench directed to consider some schools’ applications for English medium following the full bench verdict
April 6, 2009 Single bench order to consider application of Rajajingar Education Society for English medium
May 13, 2009 Supreme Court adjourns state’s stay on applications
July 3, 2009 Division Bench issues ultimatum to govt to comply with the full bench order

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