Court Denies Leave For Lawyer To Challenge Existence Of Vernacular Schools

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A Federal Court in Putrajaya today denied the application of leave to lawyer Mohd Khairul Azam Abdul Aziz to challenge the constitutionality of the existence of vernacular schools
Chief Justice of Malaya Azahar Mohamed ruled that the Parliament has the jurisdiction to formulate laws on education
He also ruled that the Federal Court is not the platform for the applicant to challenge the constitutionality of vernacular schools
Azahar said the High Court can hear the constitutional issue related to the vernacular schools itself

"As such, the leave application under Article 4(4) of the Federal Constitution is not correct. It is misconceived," ruled Azahar
He, however, ordered no cost from Mohd Khairul (below), who is also Parti Bumiputera Pesaka Malaysia (Putra) vice-president
Mohd Khairul's counsel Shaharudin Ali said his client will file the same application in the Kuala Lumpur High Court
"The Federal Court said this is the wrong place, you should go to the High Court
"It is a technical failure. But it does not stop us from bringing the real issue to the High Court," said Shaharudin
On Oct 23, Mohd Khairul had filed a motion to challenge the existence of vernacular schools, which was codified under the Education Act 1996, as a contravention of the Federal Constitution
He sought a declaration from the Federal Court that it was unconstitutional for the Parliament to pass an amendment to Sections 17 and 28 of the Education Act 1996, providing for the continued existence of vernacular schools
He named the Education Minister and the Government of Malaysia as respondents
Deputy Education Minister Teo Nie Ching congratulated the lawyers from the Attorney-General's Chambers (AGC), saying that this shows the AGC can successfully defend vernacular schools at the Federal Court
"I hope the applicant will also stop their action in challenging vernacular schools because as said by many of our leaders, vernacular schools should be an important asset to the diversity in our country," she said to reporters in parliament today. - Mkini

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