Khairul’s lead counsel Shaharudin Ali said the application was based on a case involving Merdeka University in the early 1980s, where the Federal Court ruled that the use of the Chinese language as the medium of instruction violated Article 152 of the constitution.
Shaharudin said the decision was “binding on the High Court”, adding that the case showed the main medium of instruction in Malaysian schools must be the national language.
“However, it is true that students are free to learn any other language as a subject. People are also free to use any language they prefer outside the ‘official purpose’ parameter,” he said.
Khairul has named the education minister and Malaysian government as defendants.
He is seeking a declaration that Sections 28 and 17 of the Education Act 1996 (Act 550), which allow the use of Chinese and Tamil languages as the main medium in vernacular schools, are against Article 152 of the Federal Constitution.
His initial application was dismissed by the High Court on Nov 11.
Chief Judge of Malaya Azahar Mohamed said the apex court could not exercise exclusive jurisdiction to hear the matter.
“Therefore, the court that is competent to hear the usual constitutional challenges to an act of Parliament is the High Court,” he said.
Speaking to reporters later, Khairul denied that his lawsuit was racially motivated.
“We never questioned the rights of those who want to learn their mother tongues.
“I am coming to court with this action so the court can determine whether the provisions in the Education Act are valid or otherwise,” he said.
Khairul said his case has no connection with another suit filed by the Association of Peninsular Malaysia Students (GPMS) and the Islamic Educational Development Council (Mappim), to nullify Sections 2, 17 and 28 of the Education Act.
“We have no idea what they intend to do with their respective cases. We are on our own and they are on their own,” he added.
GMPS and Mappim said they support third languages such as Mandarin, Tamil, Arabic and Kadazan, and others including Japanese and Korean, to be taught as language subjects, but are against the use of these languages as the main medium of instruction in schools that receive public funds.
With additional reporting by Ho Kit Yen.