Bangalore, 14 July 2011: Karnataka High Court today ordered issue of notices to the state and union governments on a state government circular on teaching of ’Bhagavad Gita’ in primary and higher secondary schools.
Justice Abdul Nazeer ordered issue of notices after hearing a petition filed by Karnataka State Minorities Educational Institutions Managements Federation, challenging the June 9 2011 circular.
The court posted the petition for further hearing to July 21 The Petitioner submitted the Federation is a registered association to safeguard interests of Minorities Educational Institutions and that educational institutions run by it’s members are protected under Art. 29 and 30 of the Constitution in the light of the Supreme Court judgement in T M A Pai Foundation Vs State of Karnataka case.
It said Members of the Petitioner Association are governed by Karnataka Education Act 1983.As per section 141 of the Act, the Act or rules made under it are not applicable to any minority educational institutions to the extent they are "inconsistent" with rights guaranteed under Art 30 of the Constitution.
The petitioner contended the circular was contrary to the rights guaranteed to minority Institutions,which neither the Union nor the state government had a right to deviate from. In the absence of specific provision/section in Karnataka Education Act, the respondent cannot force the educational institutions to teach Bhagavad Gita. If it is allowed, then minority institutions may also teach Quran/Bible in schools where Hindus are also admitted as students.
"It will go against the Constitution and also affect the religous sentiments of the minority and may create communal tension in schools", the petitioner stated. The petitioner sought a direction to stay operation of the circular, in relation to the Federation’s members pending disposal of the petition.