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In a Public Interest Litigation (PIL) filed by Vikram Malhotra seeking direction to State for implementing the Government order no 222 Edu of 2006 in regard introduce Dogri Subject in all private as well as Govt Schools, A Division Bench of State High Court Comprising Chief Justice (A) Ramalingam Sudhakar and Justice Sanjeev Kumar disposed of the PIL.
When the PIL came-up for hearing, Division Bench after hearing Adv Tarun Sharma for the PIL whereas AAG Ravinder Gupta for the state observed that in response to various orders passed by this Court an affidavit has been filed by the Under Secretary to the Government, School Education Department dated 27.03.2018, which affidavit is filed pursuant to order of this Court dated 04.12.2017 and 23-02- 2018. It has been stated in the affidavit that in compliance to Government Order No. 222-Edu of 2006 dated 10.04.2006, the Secretary, J&KState Board of School Education by communicate No.Edu/Legal/JMisc 498/ 2015 dated 13.03.2018 was informed to furnish the required information and in response to the same, by communication No. F-1 (Acad-C) Languages/B/18 dated 13-3-2018 of the state Board of School Education, it has been informed that from class 1st to 5th, Kashmiri, Dogri, Punjabi, Gojri, Bodhi and Pahari languages are to be taught as one of the compulsory subject. In the above stated communication it has further been stated that insofar as students from 6th to 8th are concerned, the subjects Kashmiri, Dogri, Punjabi and Bodhi are to be teach as one of the compulsory subjects in such areas where such languages are spoken as mother tongue in Jammu, Kashmir and Ladakh provinces.
DB further observed that it appears J&K Board of School Education has some reservation with regard to inclusion of the 6th compulsory subject in the curriculum, namely theLanguages as above, because it would go against the norms of the Central Board of School Eucation/ National Open Schools prescriptions. To emphasize that, it has been stated in the affidavit that CBSC/National Open School norms prescribe five compulsory subjects and not six. In this regard it is stated that the Government and Education Board are seriously considering as to how to resolve this conflict. Upon this Division observed that this issue is a policy decision that has to be resolved by the departments concerned.
DB leaves it on Govt to take a decision on this issue in consultation with the J&K Board of School Education and to decide as to how the issue of languages, namel. Kashmiri, Dogri. Punjabi, Bodhi should be addressed insofar as students of 9th and 10th standards are concerne and a pragmatic and objective decision should be taken on this issue in the light of Government Order No. 333-Edu of 2017 dated “l9.06.2017 and Government Order No. 464-Edu of 2017 dated 21.07.2017 on or before 31.05.2018.