KUALA LUMPUR: The existence of vernacular schools does not in any way contravene the Federal Constitution (FC), the High Court ruled today.
Judge Datuk Mohd Nazlan Mohd Ghazali in his ruling said the use of Chinese and Tamil languages in these schools did not breach the constitution.
"Educational institutions are not under public authority and the use of the languages are not for official usage.
"Their existence is protected in our constitution," he said.
Nazlan then dismissed the lawsuit brought by three parities - Federation of Peninsular Malay Students (GPMS), the Islamic Education Development Council (Mappim), and the Confederation of Malaysian Writers Association (Gapena) in Dec 2019.
They are seeking a court declaration that the existence of vernacular schools goes against the provisions in the Federal Constitution as Article 152(1) of the constitution defines Malay as the national language.
Lawyer Mohamed Haniff Khatri Abdulla who represented GPMS and Mappim, argued that such schools actually reduced non-Bumiputera students' chances of employment due to their lack of knowledge in Bahasa Malaysia.
However, counsel Datuk Seri Gopal Sri Ram who represented the Malaysian Chinese Language Council (MCLC) said the plaintiffs do not have any locus standi to commence the court action.
The other organisations who have also been named as defendants are Chinese educationist groups Dong Zong and Jiao Zong, Persatuan Thamizhar Malaysia, Persatuan Tamilar Thurunal (Perak), Persatuan Gabungan Kebajikan Guru-Guru Bersara Sekolah Tamil, the Malaysian Chinese Language Council, Persatuan Malaysia Tamil Neri Kalagam, Gabungan Persatuan Bekas Pelajar Sekolah Tamil Malaysia and SMJK Chong Hwa.
Apart from the government, four political parties – MIC, MCA, Gerakan and Parti Bumiputera Perkasa Malaysia – have also joined in as defendants.