Lawyer T Gunaseelan, who represented three language-based interest groups to intervene in the action, said judge Wan Ahmad Farid Wan Salleh made the decision as no lawyers were present to appear for the teachers group.
“There is no cause of action to begin with now in court, as a result of the striking out,” he told FMT.
Parties were scheduled to appear and update the judge on several preliminary matters.
The plaintiff last month opposed an application by the Chinese Language Council, Tamil Language Association and Confederation of Former Tamil School Pupils and the government to have the action filed in the High Court here to be transferred to Kuala Lumpur.
The plaintiff also opposed the three groups’ attempt to be made parties on grounds there were already two others who have intervened.
The parties that have intervened are MCA and the United Chinese School Committees’ Association of Malaysia (Dong Zong).
Wan Ahmad then ordered parties to file affidavits and counter-affidavits on both matters.
In August, the three interest groups filed the intervener application on grounds they had a direct interest in the case and would be aggrieved parties should the plaintiff succeed in their action.
Chinese Language Council chairman Heng Hong Chai, Tamil Language Association chairman R Permalu and Confederation of Former Tamil School Pupils chairman M Kumaran have also affirmed an affidavit in support of their application.
The plaintiff, Mohd Azizee Hasan, who is Ikatan Guru-Guru Muslim Malaysia president, filed the suit on behalf of his organisation in February. He is challenging the constitutionality of Sections 17 and 28 of the Education Act.
The education minister and the government were named as defendants.
Gabungan Pelajar Melayu Semenanjung and Majlis Pembangunan Pendidikan Islam Malaysia filed similar suits in Kuala Lumpur in February.
Ikatan Muslimin Malaysia (Isma) also filed a similar cause of action in Kuala Lumpur in March.
Isma president Aminuddin Yahaya is seeking an order that the two provisions in the Education Act, which allow the use of Chinese and Tamil languages as the medium of instruction in vernacular schools, are against Article 152 of the Federal Constitution.
Article 152 states that Bahasa Melayu is the national language of Malaysia.