Saturday January 21, 2006
Students sue over teaching in English
By CECIL FUNG
KUALA LUMPUR: Four students have filed a suit against the Government over its policy to teach Science and Mathematics in English.
The students – Mohammad Syawwaal Mohammad Nizar, Mohammad Fadzil Nor Mohd Rosni, Nur Najihah Muhaimin and Syazaira Arham Yahya Ariff – are seeking to declare two circulars on the execution of the policy dated Nov 27, 2002, unconstitutional, null and void, and of no effect.
They are also seeking a declaration from the High Court that the Government had no power and privilege to introduce, enforce and implement the policy stated in the two circulars.
Apart from that, the students also want the High Court to issue an order to compel the Government to change or restore the policy stated in those two policies according to the provisions of the Federal Constitution and written laws regarding the matter.
Mohammad Syawwaal is a Year Four student in SK Batu Tiga while Mohammad Fadzil and Nur Najihah are Form Three students in SMK Tok Muda Abd Aziz and SMK Seri Perak, respectively.
Syazaira Arham is a Form Four student in Madrasah Idrissiah.
The four students, who are all from Perak, filed the suit through their fathers Mohammad Nizar Jamaluddin, Mohd Rosni Abu Bakar, Muhaimin Sulam and Yahya Ariff Kamaruzzaman.
In their originating summons, the students claimed that the policy had been enforced without taking into consideration Article 152 of the Constitution and the provisions of laws like the National Language Act 1967 and Education Act 1996.
(The Malay language is enshrined as the national language under Article 152 of the Constitution.)
They also claimed that the differences in the time allocated for the teaching of Science and Mathematics for Year 1 in national schools, Tamil schools and Chinese schools, and the fact that the two subjects were taught in English and Mandarin in Chinese schools had resulted in a form of discrimination and inequality.
This, they argued, was against Article 8 (1) of the Federal Constitution because it “results in a big discriminatory gap between urban and rural students”.
The policy, they added, contradicted the National Education Policy that was based on the National Education Philosophy which, among other things, stressed on an education system using the national language as its medium.
As students, the plaintiffs claimed that they were “victims” because they were deprived of learning the two subjects in the national language.
The suit was filed through the legal firm of Mohamed Hanipa & Associates at the appellate and special powers division of the High Court here yesterday.
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