KUALA LUMPUR – The suit by Ikatan Guru-Guru Muslim Malaysia (I-Guru) seeking to declare vernacular schools unconstitutional in Malaysia was quashed by the Kota Baru High Court in Kelantan yesterday.
Lawyer T. Gunaseelan said judge Roslan Abu Bakar stated the formation of vernacular schools must be read in the context of history in accordance with Article 152 of the federal constitution.
“Essentially, the challenge was that Article 152 (which deals with the national language) renders certain provisions of the Education Act unconstitutional.
“The plaintiff’s argument was that vernacular schools are unconstitutional because they are public authorities and therefore must only use the national language.
“The high court judge today (May 29) said vernacular schools are public authorities. Nevertheless, he said it is constitutional because, looking at the history behind Article 152, it guarantees the use of the mother tongue, Gunaseelan was quoted as saying by Malaysiakini.
He represented three out of eight defendants in the suit, namely the Malaysian Chinese Language Council, Malaysia Tamil Neri Kalagam and Gabungan Persatuan Bekas Pelajar Sekolah Tamil Malaysia.
Originally, the Education Ministry and the government were named in the suit but several other parties had intervened.
However, I-Guru president Mohd Azizee Hasan will appeal against the decision.
This case is similar to one filed in Kuala Lumpur but by different parties in 2019.
The suit in Kuala Lumpur was filed by the Peninsular Malay Students’ Federation, the Islamic Education Development Council and the Malaysian Writers’ Association Confederation.
Last December 29, the Kuala Lumpur High Court had thrown out the suit by the aforementioned parties.
Presiding judge Datuk Mohd Nazlan Mohd Ghazali said vernacular schools are not public bodies and, therefore, not against the federal constitution. – The Vibes, May 30, 2022
