Need help to challenge education matter in sc , grounds need


I am keralite, took admission for 3 year LLB in Bengaluru Law college.

I was not aware that Kannada is made mandatory language in law course. This decision to make Kannada as mandatory subject in second semester was decided after admission was confirmed in college.   I challenged in the Karanatak HIgh court on the to discmiss the order of Kannada as mandatory language in LLB. But the petition was dismissed saying it is educational policy.

Looking for help on any ground that could be added while approaching Supreme court.  Below are grounds in the petition which were not considered in High court.

Ground 1/

3-year LL.B. course is a category of post-graduation course. The Rules of Legal Education recognizes this.  Part IV of the Bar Council of India Rules (Rules on Legal Education), Page No  5  provides the  eligibility criteria  for  admission to  LL.B. course. Eligibility for admission: (a) Three Year Law Degree Course: An applicant who has graduated in any discipline of knowledge from a University ............... whose degree in law is recognized by the Bar Council of India for the purpose of enrolment

 

//Ground 2/

Kannada Language is not falling under specialization for legal courses. As per BCI, schedule II of rule of Legal education, Page 25 and Page 29, prescribes the freedom of University to add subjects in specialization mentioned, or, bring in a new specialization as university thinks deemed fit for the purpose of LL.B. Petitioner is in view that Kannada is not a subject under specialization for LL.B. Quick overview of rules of legal education referred. SCHEDULE II of Bar Council of India Rules (Rules on Legal Education),  Page  no  21  to  Page  29  lays  out  Universities responsibility and guidelines to define the Law courses.  Page 21 says, 2. University’s responsibility: A University is free to design its academic program under LL.B. and LL.B. Honours  course  as  well  as  program  under  the  integrated degree program in Bachelor degree component as well as the LL.B.    component  with  or  /  and  without  Honours  course. However,  LL.B.  courses  shall  include  the  courses  as stipulated under this schedule.

 

Page 25 says Part II (C): Not less than six papers from any of the following groups (paper 25 to 30) However a University is free to take only a few common options for the purpose of LL.B. course without any specialization: Page 29 says, University’s power for additional subject /group: Provided that a University/ School may add to the above list of subjects as well as a New Group of subject specialization with such  papers as may  be stipulated  from time to time. Students in the general law course have to take not less than six papers from any three or more groups. Further Page 29 says, Freedom to University - University may restrict Groups and/or subjects in a group for offering options based on availability of faculty and other facilities.

 

 

//Ground 3/

The student on completion of 3-year LL.B. degree may not practice  in  a  court  that  need  knowledge  about  Kannada language, or even may not practice in court of law

 

// Ground 4/

The medium of language used in High Court and Supreme Court is English, and English can be improved with Subjects in LL.B. which are core legal subjects and learning relevant case laws.

 

// Ground 5/

The  order  that  made  Kannada  as  a  mandatory  subject  is discriminatory, arbitrary and violates equality (Article 14) by keeping willingness to learn Kannada as a mandatory base for learning law. By making Kannada as a mandatory subject, KSLU is providing 3-year law course only to students who are willing  to  learn  Kannada  language.  The  order  that  made Kannada  as  a  mandatory  for  3-year  LL.B.  is  indirectly separating law aspirants into two groups. First group who are willing to learn Kannada, and second group who are not willing to learn Kannada, thus discriminatory. The exact reason for KSLU to introduce Kannada language in 3-year LL.B.  is not known. RTI to KSLU is filed via email (Annexure - D). 

//Ground 6/

The state language as a subject is currently present only in KSLU  in  second  semester,  3-year  LL.B.  course.  The introduction  of  Language subject  is  diluting  focus  of  LL.B. being a core Law course. Also, the disparity of results with other university students where aggregate is pulled down due to language subject can be disadvantage while considering against government jobs or for further studies, for example need of 55% or 60% aggregate in LL.M. admission.

 

//Ground 7/

Speed  of  learning  a  new  language  depends  on  learner’s natural ability, prior linguistic experience, and hours spent on the  language  learning  and  practice.  Semester  duration  is usually approximately 4 months. Learning a new language to read, write, and to translate to/from English together with other law  subjects  within  this  short  time  is  challenging  and  can impact  the  semester  results  to  a  great  extent.  https://www.state.gov/foreign-language-training/  (Annexure- F) specifies hours required to learn different languages, and learning Kannada though limited to basic in one semester will put the students in loss.

 

//Ground 8/

As there is no age bar to learn law, learning new language at later  age can be a  disadvantage  for  a  non-Kannadigas to pursue LL.B. course under KSLU.

 

//Ground 9/

The students will be put to hardship and forced to learn a new language  in  short  time,  and  therefore  severe  loss  in assessments or exams in the semester that affects the degree to be awarded. 

 

//Ground 10/

The Kannada is a state language, and is not specialization or mandatory in Legal course

 

//Ground 11/

It is not mandatory to practice in court of law after completing LL.B. course

 

//Ground 12/

The Official language in High Court and Supreme Court is English.

 

 

// Looking for any additional grounds that could help.

 

Thanks for your help in advance.

 

 
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Director

You may check when Kannada was made mandatory language. If it was after you joined the law course, then you can ask direction of the SC to either waive the mandatory provision for those who had enrolled before the introduction of this language and make it an optional one till the completion of the course.
 
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