Kerala HC orders continuance of existing language policy in Lakshadweep till a study is conducted


A Division Bench of the Kerala High Court has ordered that the earlier language policy of studying Mahl and Arabic shall continue in schools in Lakshadweep as the court felt that the order on the three language formula has been issued by the Lakshadweep administration without conducting any study or consulting the stakeholders.

The Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji passed the order recently when a writ petition challenging the decision to exclude Arabic/Mahl as an optional language from the Three-Language Formula (TLF) implemented in schools on the islands. The petitioner contended that the decision was hastily taken by the Director of Education without consulting the stakeholders and conducting any proper study on its implications on the education system on the islands. The education system prevalent in the Union Territory for the past 70 years had the option of Arabic/Mahl as a third language.

The court observed that the order is a mere office order, which is ordinarily issued for routine matters and not for purposes that would have a fundamental impact on local conditions. “We are not guided by the impugned order as to how the decision was arrived at or what its implications would be, particularly since there is a change from the existing position prevailing for the last 70 years.”

Observing that its earlier interim order deferring the implementation of the order on the three language policy will remain in force, the court said that it was open to the Union Territory to conduct a study on the local conditions in the context of the prevailing education policies and engage with all the stakeholders through a meaningful process of consultation. If such studies and consultations are carried out, it will be open to the administration to apply for appropriate orders, the court added.



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