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Judge to decide if vernacular schools case can be determined without trial

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Judge Mohd Nazlan Mohd Ghazali will hear arguments on Friday as to whether the suit against vernacular schools filed by two groups can be disposed of without undergoing a trial.

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Two groups are seeking a declaration that Sections 2, 17 and 28 of the Education Act 1996, and the extent to which they provide for the establishment of vernacular schools using Chinese and Tamil as the main languages, are inconsistent with Article 152(1) of the Federal Constitution and are considered null and void.

KUALA LUMPUR:
The High Court will hear submissions by the government and three others if it can decide a suit against the existence of vernacular schools without calling witnesses.

Lawyer T Gunaseelan said Judge Mohd Nazlan Mohd Ghazali would hear parties via a virtual proceeding before a ruling is made.

“Parties have filed written submissions and bundles of authorities. We will make oral submissions on Friday afternoon,” he said.

Gunaseelan, who is appearing for the Malaysian Chinese Language Council, Malaysia Tamil Neri Kalagam and Gabungan Persatuan Pelajar Tamil Malaysia, said the dispute could be determined by merely filing documents,

“The issue in this case is about interpreting the relevant provisions in the Federal Constitution and the Education Act,” he said.

Last month the three groups and the government filed applications under Order 14A of the High Court Rules to dispose of the case without a trial.

Under Order 14A, the court can determine a dispute on points of law without having to call for witnesses.

The plaintiffs, the Association of Peninsular Malaysia Students and the Islamic Educational Development Council, are opposing the applications.

The association and the council had named Putrajaya and the ministry as defendants in their suit against vernacular schools. Eleven others were included as they are deemed interested parties,

They are seeking a declaration that Sections 2, 17 and 28 of the Education Act 1996, and the extent to which they provide for the establishment of vernacular schools using Chinese and Tamil as the main languages, are inconsistent with Article 152(1) of the Federal Constitution and are considered null and void.

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