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Karnataka
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Bangalore
KUSMA had challenged de-recognition and also the voluntary scheme framed by State Government is free to take action against any school found violating terms of undertaking BANGALORE: The Karnataka High Court on Tuesday directed private primary schools in the State to impart education in 2007-08, from the first to the fifth standard, in the medium of instruction in which they had been permitted to start the institution. The court was dealing with a batch of petitions by several schools and the Karnataka Unaided Schools Management Association (KUSMA), which had challenged their de-recognition and also the voluntary scheme framed by the State levying penalty on schools that had violated the policy on medium of instruction. Voluntary schemeThe State had come up with the voluntary scheme in 2007, giving one-time recognition to the schools that had violated the undertaking they had given at the time of starting the schools. The State had not permitted any English-medium schools after 1994, and schools that came to be started after that date had violated the undertaking to teach in the medium in which they had been permitted and started imparting education in English. A Division Bench of the High Court comprising Chief Justice Cyriac Joseph and Justice B.S. Patil had in 2007 upheld the scheme and also permitted schools to file affidavits before the court undertaking to impart education in the medium in which the institutions had been permitted to teach. UndertakingPrimary schools in the State had either opted for the scheme or given an undertaking before the court to abide by the State policy on medium of instruction. When cases by schools challenging their de-recognition by the Education Department and also the validity and legality of the voluntary scheme came up before a single judge on Monday and Tuesday, the court had no hesitation in upholding the Government stand on the issue. Justice B.V. Nagarathna, in her order, made it clear to KUSMA, which has on its rolls more than 1,100 primary schools and a host of other institutions, that it would have to teach in the medium of instruction in which they had been permitted to start. This means that if an institution had given an undertaking at the time of obtaining permission to start a school that it would teach in Kannada, it would have to adhere to the affidavit and not teach in any other language, including English. She said the Government is free to take action against any school or institution found violating the terms of the undertaking or affidavit. She ordered issue of notices to the State and other respondents on petitions by KUSMA and adjourned further hearing on the case.
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