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PETALING JAYA: A group of Muslim teachers whose lawsuit to challenge the existence of vernacular schools in Malaysia was crossed out on Sunday will file a request to reinstate the cause of action.
Lawyer Shaharudin Ali said that the application on behalf of his client Ikatan Guru-Guru Muslim Malaysia would be filed in the Kota Baru High Court tomorrow.
“We will invoke Order 34, Rule 6 (2) of the 2012 Rules of Court to reinstate the claim,” he said.
Shaharudin claimed that he was not present during the handling of the case on Sunday before Judge Wan Ahmad Farid Wan Salleh because he had a serious eye condition.
“He was on medication and at home due to the conditional motion control order (CMCO),” he said, adding that his law firm in Kota Damansara, Petaling Jaya, was located in a Covid-19 red zone.
The court, ex officio, annulled the claim but without a cost order.
Federal lawyer Nik Nur Adila Mat Zaidan represented the minister of education and the government that were the accused.
The parties were scheduled to appear and update the judge on various preliminary matters.
Attorney T Gunaseelan, who represented three language-based interest groups to intervene in the action, told FMT that the judge dismissed the lawsuit because the plaintiff’s attorneys were not present.
Last month, the plaintiff objected to a request from the Chinese Language Council, the Tamil Language Association and the Confederation of Alumni of Tamil Schools and the government for the action to be brought in the High Court here for be transferred to Kuala Lumpur.
The plaintiff also objected to the attempt by the three groups to become parties on the grounds that two others had already participated.
The parties that had previously intervened were the MCA and the Malaysian China Association of United School Committees (Dong Zong).
In August, the three interest groups filed the intervener application claiming that they had a direct interest in the case and would be aggrieved parties if the plaintiff were successful in his action.
The plaintiff, Mohd Azizee Hasan, president of Ikatan Guru-Guru Muslim Malaysia, filed the lawsuit on behalf of his organization in February. He is challenging the constitutionality of articles 17 and 28 of the Education Law.
The Malay Students Union and the Islamic Education Development Council filed similar lawsuits in Kuala Lumpur in February.
Ikatan Muslim in Malaysia (Isma) also presented a similar cause of action in Kuala Lumpur in March.
Isma President Aminuddin Yahaya is seeking an order that the two provisions of the Education Law, which allow the use of Chinese and Tamil languages as a medium of instruction in vernacular schools, go against Article 152 of the Constitution. Federal.
Article 152 establishes that Bahasa Melayu is the national language of Malaysia.
