Karnataka High Court
Shri Venkataramana Education Trust ... vs The State Of Karnataka on 19 July, 2012
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 19TH DAY OF JULY 2012
BEFORE
THE HON'BLE MR. JUSTICE RAM MOHAN REDDY
WRIT PETITION No.17915 OF 2012(EDN-RES)
BETWEEN
SHRI VENKATARAMANA EDUCATION
TRUST (REGD)
KARKALA, KARKALA TALUK
UDUPI DISTRICT,
REP. BY SECRETARY
SHRI K.P SHENAI.
... PETITIONER
(By Sri. V VISHWANATH & N K SHIVARAJU, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
EDUCATION DEPARTMENT
REP. BY THE CHIEF SECRETARY
M S BUILDING, BANGALORE.
2. THE UNDER SECRETARY TO
PRIMARY & SECONDARY EDUCATION
M.S.BLDG, BANGALORE.
3. THE COMMISSIONER
PUBLIC INSTRUCTIONS EDUCATION DEPT.
NRUPATHUNGA ROAD,
BANGALORE.
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4. THE COMMISSIONER
P.U. EDUCATION,
18TH CROSS, MALLESHWARAM
BANGALORE-560003.
5. THE JOINT DIRECTOR
DEPT. OF PUBLIC INSTRUCTIONS
MYSORE DIVN. MYSORE.
6. THE DY. DIRECTOR OF PUBLIC INSTRUCTIONS
UDUPI, UDUPI DISTRICT.
7. THE DY. DIRECTOR OF PUBLIC INSTRUCTIONS
P.U. EDUCATION,
UDUPI DISTRICT, UDUPI.
... RESPONDENTS
(By Sri. R OM KUMAR, AGA )
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS ON THE FILE OF THE RESPONDENT
AUTHORITIES AND QUASH THE NOTIFICATION PASSED BY
THE RESPONDENT AUTHORITIES VIDE ANNEXURE-A; AND
ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner, a private Education Society admitted to grant-in-aid has presented this petition calling in question the notification dt. 3.9.2010 Annexure-A directing the petitioner to follow the roster system in the matter of 3 appointment and promotion of staff.
2. According to the learned counsel, the petitioner being a Konkani Linguistic Minority Educational Society for the purpose of Articles 29 and 30 of the Constitution of India has a right to appoint efficient, well qualified, experienced staff and therefore, cannot be directed to apply the roster i.e. reservation in the matter of appointments and promotions.
3. Learned Govt. Advocate for the respondent-State submits that the petitioner Educational Institution when admitted to grant-in-aid is required to follow the roster in the matter of reservation in both appointments and promotions in the light of the terms and conditions set out in Grant-in-Aid Code for Primary and Secondary Schools framed under Section 145 of the Karnataka Education Act, 1983.
4. Rule 16(VI)(a) of the Grant-in-Aid Code for Secondary Schools states that the management shall 4 appoint teachers and other staff for Secondary Schools in State of Karnataka in accordance with the Rules prescribed in this behalf and shall observe the conditions prescribed therein. Rule 45 under Chapter-VIII of the said Grant-in-Aid Code provides for appointments whereunder the note reads thus:
"a) All non-government Secondary Schools receiving grants from Government shall reserve 15 percent, 3 percent and 28 percent of all direct recruitment vacancies in both teaching and non-
teaching cadres in favour of Scheduled Castes, Scheduled Tribes, Backward Tribes and other Backward Classes candidates respectively and shall classify the vacancies as indicated in the Government orders No.GAD 16 SRR 74, dated 29 th July 1974 and Government Order No.GAD 2 SBC 75, dated 9th July 1975.
b) The definition of Scheduled Castes, Scheduled Tribes, Backward Tribes and other backward classes in the Government Orders No.GAD 42 SRR 69/1, dated 6th September 1969 and No.GAD 2 SBC 75, dated 9th July 1975 will hold good for the purpose of this Government Order.
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c) The institutions receiving grants from Government shall submit to the authorities sanctioning grants a report with regard to the fulfillment of the above conditions and no grants shall be sanctioned if the institutions fail to fulfill the conditions.
d) The sanctioning authority before sanctioning the grants shall review and satisfy himself about the fulfillment of the above conditions laid down in this Government Order."
5. Rule 17 of the Uniform Grant-in-Aid Code for State primary schools under private management in Karnataka provides for appointment of staff which states that duly qualified staff shall be appointed by the Management, while head of the institution shall be trained SSLC with a minimum teaching experience of five years and qualification of all other teachers should be the same as those prescribed for category of staff in Government schools and that the Management shall follow the conditions of service prescribed from time to time by the Department in that behalf. The Note there to reads thus: 6
"Wherever trained Scheduled
Castes/Scheduled Tribes/Backward Classes
Candidates are not available for appointment within the reserved quota for the above categories, untrained candidates may be appointed." In rule 40 under Chapter VI relating to general conditions of service are paramateria to the note under Rule 45 of the Grant-in-aid Code for Secondary Schools.
6. In the light of the aforesaid provisions of law and there being no dispute that the petitioner institution is admitted to grant-in-aid, it is needless to state that the State was well within its jurisdiction to direct the petitioner to follow the roster system in the matter of recruitment of staff both teaching and non-teaching.
7. The further submission of the learned counsel for the petitioner that petitioner is a minority institution is unacceptable in the absence of relevant material constituting substantial legal evidence of a fact that the State had accorded to the petitioner the status of Linguistic 7 minority institution, therefore the decision in Sindhi Education Society and another -v- Chief Secretary, Govt. of NCT of Delhi & others1 has no application.
The petition is accordingly rejected.
Sd/-
JUDGE ln 1 (2010) 8 SCC49