Karnataka High Court
Sindhi High School vs State Of Karnataka on 16 January, 2017
Author: L.Narayana Swamy
Bench: L.Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY 2017
BEFORE
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY
WRIT PETITION NO.4825/ 2015 (EDN-RES)
C/W
WRIT PETITIONS NO.6276-6283/2013 (EDN-RES),
3773/2014(EDN-REG-P), 10138/2014(EDN-AD),
10362/2014 & 10444/2014(EDN-RES),
10401/2014 (EDN-AD), 31831-31834/2014 (EDN-RES),
4824/2015(EDN-RES), 4927-4930/2015 (EDN-RES),
12317-12318/2015(EDN-RES), 51306-51307/2015(EDN-RES),
7411-7412/2016 (EDN-REG-P), 14238-14241/2016(EDN-RES),
27602-27605/2016 (EDN-RES)
IN WRIT PETITION NO.4825/ 2015
BETWEEN:
SINDHI HIGH SCHOOL
SITUATED AT 10/7,
KUMARA KRUPA ROAD,
BANGALORE - 560 001
REPRESENTED BY ITS CHAIRMAN
SRI.SURESH R.CHAWLA
S/O LATE RATAN CHAND
AGED ABOUT 60 YEARS.
... PETITIONER
(BY SRI. BASAVARAJ S, ADV.)
2
AND:
1. STATE OF KARNATAKA
BY THE SECRETARY
DEPARTMENT OF EDUCATION
M.S. BUILDING,
DR.AMBEDKAR VEEDHI
BANGALORE-560 001.
2. THE COMMISSIONER FOR PUBLIC
INSTRUCTION
DEPARTMENT OF PUBLIC INSTRUCTION
OFFICE OF THE COMMISSIONER
FOR PUBLIC INSTRUCTION,
NRUPATHUNGA ROAD,
BANGALORE-560 001.
3. THE BLOCK EDUCATION OFFICER
VASANTHANAGAR,
BANGALORE-560 001.
4. NATIONAL COMMISSION FOR
MINORITY EDUCATIONAL INSTITUTIONS,
GATE NO.4, 1ST FLOOR,
JEEVAN TARA BUILDING,
SANSAD MARG, PATEL CHOWK,
NEW DELHI - 110001.
... RESPONDENTS
(BY SRI.A.S.PONNANNA, ADDL. AG FOR
SRI.H.T.NARENDRA PRASAD, AGA FOR R1-R3;
SRI.KRISHNA S DIXIT, ASG FOR R4;
SRI.JAYNA KOTHARI, ADV. FOR INTERVENOR)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
GOVERNMENT ORDER , AS PER ANNX-J DT.18.6.2014 ISSUED
BY THE R-1 AS BEING VIOLATIVE OF ARTICLE 30 OF THE
CONSTITUTION OF INDIA AS IT VIOLATES THE FUNDAMENTAL
3
RIGHTS OF THE UNAIDED MINORITY EDUCATIONAL
INSTITUTIONS AND ETC.,.
IN WRIT PETITION NOs.6276-6283/2013
BETWEEN:
1. MANAGEMENTS OF INDEPENDENT
CBSE SCHOOLS ASSOCIATION,
KARNATAKA,
NO.9.1, 13TH MAIN, J BLOCK,
KANAKADASANAGARA, BETTAHALLI,
3RD STAGE, MYSORE,
BY ITS GENERAL SECRETARY,
MR.M.SRINIVASAN,
AGED 42 YEARS
2. GIFTED EDUCATION & RESEARCH FOUNDATION
(GEAR FOUNDATION),
GEAR INNOVATIVE INTERNATIONAL SCHOOL,
NO.175, GEAR ROAD,
SARJAPUR ROAD,
DODDAKANAHALLI,
BANGALORE-560 035,
REP. BY ITS PRESIDENT,
M.SRINIVASAN,
S/O MUTHUSAMY GAUNDER,
AGED 42 YEARS
3. CHILDREN'S EDUCATION TRUST
(THE OXFORD EDUCATIONAL INSTITUTIONS),
IST PHASE, J.P. NAGAR,
BANGALORE-560 078,
BY ITS EXECUTIVE DIRECTOR.
S.N.V.L. NARASIMHARAJU,
S/O NARASARAJU, AGED 45 YEARS
4. K.K. EDUCATIONAL & CHARITABLE TRUST
DELHI PUBLIC SCHOOL,
4
BANGALORE - NORTH,
SY.NO.35/1-A, SATHANUR VILLAGE,
BAGALUR POST, OFF BELLARY ROAD,
BANGALORE NORTH-562 149,
REP.BY THE MANAGING TRUSTEE
MR.MAQSOOD ALI KHAN,
S/O K.RAHMAN KHAN,
AGED 41 YEARS
5. K.K. EDUCATIONAL & CHARITABLE TRUST
DELHI PUBLIC SCHOOL, BANGALORE-SOUTH
11TH K.M.KANAKAPURA ROAD,
KANAKAPURA POST, BANGALORE-62,
REP. BY THE MANAGING TRUSTEE,
MR.MAQSOOD ALI KHAN,
S/O K.REHMAN KHAN,
AGED 41 YEARS
6. K.K. EDUCATIONAL & CHARITABLE TRUST
DELHI PUBLIC SCHOOL, BANGALORE-EAST
SY.NO.43/1, B & 45, SULKUNTE VILLAGE,
DOMMASANDRA VILLAGE, SARJAPUR ROAD,
BANGALORE EAST-562 125.
REP. BY THE MANAGING TRUSTEE,
MR.MAQSOOD ALI KHAN,
S/O K.REHMAN KHAN, AGED 41 YEARS
7. R.R. FOUNDATION
NOBLE SCHOOL, I.K. ROAD,
ALI PUR GAURIBIDANUR TALUK,
CHIKKABALLAPUR DISTRICT,
KARNATAKA - 561 213,
BY ITS PRESIDENT SYED AKRAM RAZA,
S/O MIR REHMAN ALI,
AGED 61 YEARS
8. DEENS EDUCATION TRUST
DEENS ACADEMY SCHOOL,
ECC ROAD, WHITEFIELD,
5
BANGALORE - 560 066,
BY ITS CHAIRMAN FARAAZ MOHIUDDIN,
S/O SADIQ MOHIUDDIN,
AGED 42 YEARS
... PETITIONERS
(BY SRI. S BASAVARAJ, ADV.)
AND:
1. STATE OF KARNATAKA
BY THE SECRETARY
DEPARTMENT OF EDUCATION
M.S. BUILDING,
DR.AMBEDKAR VEEDHI
BANGALORE-560 001.
2. THE COMMISSIONER FOR PUBLIC
INSTRUCTION
DEPARTMENT OF PUBLIC INSTRUCTION
OFFICE OF THE COMMISSIONER
FOR PUBLIC INSTRUCTION,
NRUPATHUNGA ROAD,
BANGALORE-560 001.
3. NATIONAL COMMISSION FOR
MINORITY EDUCATIONAL INSTITUTIONS,
GATE NO.4, 1ST FLOOR,
JEEVAN TARA BUILDING,
SANSAD MARG, PATEL CHOWK,
NEW DELHI - 110001.
REP. BY ITS SECRETARY
... RESPONDENTS
(BY SRI.A.S.PONNANNA, ADDL. AG FOR
SRI.H.T.NARENDRA PRASAD, AGA FOR R1& R2;
SRI.KRISHNA S DIXIT, ASG FOR R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GO
6
VIDE ANNX-N DATED 24.7.12 ISSUED BY THE R1 AS BEING
VIOLATIVE OF ART 30 OF THE CONSTITUTION OF INDIA AS IT
VIOLATES THE FUNDAMENTAL RIGHTS OF THE UNAIDED
MINORITY EDUCATIONAL INSTITUTIONS.
IN WRIT PETITION NO.3773/2014
BETWEEN:
NEW HORIZON EDUCATIONAL
AND CULTURAL TRUST
100 FEET ROAD, INDIRANAGAR
BANGALORE - 560 008
BY ITS MANAGING TRUSTEE
MR MOHAN MANGHNANI
S/O B MANGHNANI
AGED 51 YEARS ... PETITIONER
(BY SRI.S BASAVARAJU, ADV.)
AND:
1. STATE OF KARNATAKA
BY THE SECRETARY
DEPARTMENT OF EDUCATION
M S BUILDING
DR AMBEDKAR VEEDHI
BANGALORE-560001
2. THE COMMISSIONER FOR PUBLIC
INSTRUCTION
DEPARTMENT OF PUBLIC
INSTRUCTION
OFFICE OF THE COMMISSIONER
FOR PUBLIC INSTRUCTION
NRUPATUNGA ROAD
BANGALORE-560001
3. DIRECTORATE OF
7
URDU & OTHER LINGUISTIC
MINORITY SCHOOLS
NRUPTUNGA ROAD
BANGALORE-560001
BY ITS DIRECTOR
4. NATIONAL COMMISSION FOR
MINORITY EDUCATIONAL INSTITUTIONS,
GATE NO.4, 1ST FLOOR,
JEEVAN TARA BUILDING,
SANSAD MARG, PATEL CHOWK,
NEW DELHI - 110001
REP. BY ITS PRINCIPAL SECRETARY
5. NATIONAL COMMISSION FOR LINGUISTIC
MINORITIES ,
14/11 & 15/11, JAM NAGAR HOUSE,
SHAHJAHAN ROAD,
NEW DELHI - 110011
REPRESENTED BY ITS COMMISSIONER
... RESPONDENTS
(BY SRI.A.S.PONNANNA, ADDL. AG FOR
SRI.H.T.NARENDRA PRASAD, AGA FOR R1& R2;
R-3 IS SERVED;
SRI.KRISHNA S DIXIT, ASG FOR R4 & R5;
SRI.JAYNA KOTHARI, ADV. FOR INTERVENOR)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER/COMMUNICATION DT.15.3.11, ISSUED BY THE R1, COPY
PRODUCED & MARKED AS ANN-K AND ETC.
IN WRIT PETITION NO.10138/2014
BETWEEN:
SHARADA VIDYALAYA
SKDB CAMPUS
8
DR GIRIDHAR RAO ROAD
KODIALBAIL
MANGALORE-575003
A MINORITY EDUCATIONAL INSTITUTION
RUN BY TULUNADU EDUCATIONAL TRUST (REGD.)
REPRESENTED BY ITS PRESIDENT
... PETITIONER
(BY SRI.HARIKRISHNA S HOLLA, ADV.)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF EDUCATION
VIDHANA SOUDHA
DR AMBEDKAR VEEDHI
BANGALORE-560001
REPRESENTED BY ITS SECRETARY
2. THE JOINT DIRECTOR OF PUBLIC
SERVICE COMMISSION
DAKSHINA KANNADA
MANGALORE-575001
3. THE DIRECTOR OF URDU & OTHER
MINORITY LANGUAGE SCHOOLS
DEPARTMENT OF PUBLIC INSTRUCTIONS
NRUPATUNGA ROAD
BANGALORE-560001
... RESPONDENTS
(BY SRI.A.S.PONNANNA, ADDL. AG FOR
SRI.H.T.NARENDRA PRASAD, AGA FOR R1-R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE
THAT THE PROVISIONS OF SEC.12(1)(C) OF THE EDUCATION
ACT, 2009 ARE NOT APPLICABLE TO THE PETITIONERS
INSTITUTION SO FAR IT RELATES TO ADMISSION OF CHILDREN
BELONGING TO WEAKER SECTION OF THE SOCIETY.
9
IN WRIT PETITION Nos.10362/2014 & 10444/2014
BETWEEN:
1. SRI.SRINIVASA EDUCATIONAL AND CHARITABLE TRUST
HAVING ITS REGISTERED OFFICE AT
NO.619/G, 36TH CROSS
RAJAJINAGAR 2ND BLOCK
BANGALORE - 560 010
REPRESENTED BY ITS CHAIRMAN
SRI G DAYANAND
2. NATIONAL PUBLIC SCHOOL
SY NO.81, 3RD CROSS, 60 FT ROAD,
UTTARALLI-KENGERI MAIN ROAD,
BSK 5TH STAGE
BANGALORE - 560 051
REPRESENTED BY ITS PRINCIPAL
MISS C D GRACE
... PETITIONERS
(BY SRI.NISHANTH A V, ADV.)
AND:
1. STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF EDUCATION
M S BUILDING
DR AMBEDKAR ROAD
BANGALORE-560001
2. THE COMMISSIONER FOR PUBLIC INSTRUCTION
DEPARTMENT OF PUBLIC INSTRUCTION
OFFICE OF THE COMMISSIONER
FOR PUBLIC INSTRUCTION
NRUPATUNGA ROAD
10
BANGALORE-560001
3. NATIONAL COMMISSION FOR
MINORITY EDUCATIONAL INSTITUTIONS,
GATE NO.4,
1ST FLOOR,
JEEVAN TARA BUILDING,
SANSAD MARG,
PATEL CHOWK,
NEW DELHI - 110001
REP. BY ITS PRINCIPAL SECRETARY
... RESPONDENTS
(BY SRI.A.S.PONNANNA, ADDL. AG FOR
SRI.H.T.NARENDRA PRASAD, AGA FOR R1 & 2;
SRI.KRISHNA S DIXIT, ASG FOR R3 )
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE GOVT. ORDER DATED 24.7.2012 VIDE ANN-A ISSUED BY
THE R-1 AS BEING VIOLATIVE OF ARTICLE 30 OF THE
CONSTITUTION OF INDIA AS IT VIOLATES THE FUNDAMENTAL
RIGHTS OF THE UNAIDED MINORITY EDUCATIONAL
INSTITUTIONS.
IN WRIT PETITION NO.10401/2014
BETWEEN:
VIDYODAYA TRUST (R)
A TRUST REGISTERED UNDER THE
KARNATAKA SOCIETIES ACT,
HAVING ITS OFFICE AT
VADIRAJA ROAD,
UDUPI-576101.
KARNATAKA.
REPTD.BY ITS SECRETARY,
SRI. K.GANESH RAO
S/O LATE GOPAL RAO.
11
AGED ABOUT 72 YEARS ... PETITIONER
(BY SRI.OMKAR KAMBI, ADV.)
AND:
1. STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF EDUCATION
M.S. BUILDING,
DR. AMBEDKAR ROAD,
BANGALORE-560001.
2. THE COMMISSIONER FOR PUBLIC INSTRUCTION
DEPARTMENT OF PUBLIC INSTRUCTION,
OFFICE OF THE COMMISSIONER
FOR PUBLIC INSTRUCTION, NRUPATHUNGA ROAD,
BANGALORE-560001.
3. THE NATIONAL COMMISSION FOR MINORITY
EDUCATION, GOVT. OF INDIA,
NEW DELHI - 110001
REPRESENTED BY ITS PRINCIPAL SECRETARY
... RESPONDENTS
(BY SRI.A.S.PONNANNA, ADDL. AG FOR
SRI.H.T.NARENDRA PRASAD, AGA R1 & R2;
SRI.KRISHNA S DIXIT, ASG FOR R3;
SRI.JAYNA KOTHARI, ADV. FOR INTERVENOR)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVT.
ORDER AS PER ANNEX-M DTD.24.7.2012 ISSUED BY THE R-1 AS
BEING VIOLATIVE OF ARTICLE 30 OF THE CONSTITUTION OF
INDIA AS IT VIOLATES OF ARTICLE 30 OF THE CONSTITUTION
OF INDIA AS IT VIOLATES THE FUNDAMENTAL RIGHTS OF THE
UNAIDED MINORITY EDUCATIONAL INSTITUTIONS.
12
IN WRIT PETITION Nos.31831-31834/2014
BETWEEN:
1. NATIONAL EDUCATION TRUST
NO.CA, 13TH MAIN ROAD,
HAL II STAGE, INDIRANAGAR,
BANGALORE-560 038,
REPRESENTED BY ITS TRUSTEE,
SRI. DR. K.P.GOPALAKRISHNA.
2. NATIONAL PUBLIC SCHOOL
NO.CA, 13TH MAIN ROAD,
HAL II STAGE, INDIRANAGAR,
BANGALORE-560 038,
REPRESENTED BY ITS PRINCIPAL
SRI. DR. K.P.GOPALAKRISHNA.
3. NATIONAL PUBLIC SCHOOL
NATIONAL GAMES VILLAGE COMPLEX,
80 FEET ROAD, KORAMANGALA,
BANGALORE-560 047,
REPRESENTED BY ITS CHAIRMAN,
SRI. DR.K.P. GOPALAKRISHNA.
4. NPS INTERNATIONAL SCHOOL
NO.21, ANJANADRI ROAD,
VIJAYANAGAR, 4TH STAGE, 2ND PHASE,
MYSORE - 570 018,
REPRESENTED BY ITS CHAIRMAN,
SRI.DR.K.P. GOPALAKRISHNA
... PETITIONERS
(BY SRI.S.M.CHANDRASHEKAR, SR. COUNSEL FOR
SRI.ASHWIN CHIKKAMATH, ADV. )
AND:
1. NATIONAL COMMISSION FOR MINORITY
13
EDUCATIONAL INSTITUTIONS,
GOVERNMENT OF INDIA,
GATE NO.4, 1ST FLOOR,
JEEVAN TARA BUILDING,
5, SANSAD MARG,
PATEL CHOWK,
NEW DELHI-110 001,
REPRESENTED BY ITS
DEPUTY SECRETARY.
2. MINISTRY OF HUMAN RESOURCE DEVELOPMENT
GOVERNMENT OF INDIA,
DEPARTMENT OF SCHOOL EDUCATION,
EE-15 SECTION,
SHASTRI BHAVAN,
NEW DELHI-110001,
REPRESENTED BY ITS SECRETARY.
3. KARNATAKA GOVERNMENT DIRECTORATE OF URDU
AND OTHER MINORITY LINGUISTIC SCHOOLS,
K.R. CIRCLE, BANGALORE-560 001,
REPRESENTED BY
THE DEPUTY DIRECTOR (ADMINISTRATION),
DEPARTMENT OF PUBLIC INSTRUCTIONS,
BANGALORE SOUTH DISTRICT,
BANGALORE.
4. DEPARTMENT OF PUBLIC INSTRUCTIONS
GOVERNMENT OF KARNATAKA,
K.R. CIRCLE,
BANGALORE - 560 001,
REPRESENTED BY ITS
UNDER SECRETARY,
AND EX- OFFICO SPECIAL OFFICER
... RESPONDENTS
(BY SRI.A.S.PONNANNA, ADDL. AG FOR
SRI.H.T.NARENDRA PRASAD, AGA FOR R3 & R4;
SRI.KRISHNA S DIXIT, AG FOR R1;
14
SRI.C.SHASHIKANTH, CGSC FOR R2)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ENDORSEMENT DTD.18.6.2014, ISSUED BY THE R-4
PRODUCED AT ANNEX-T AS ILLEGAL AND ARBITRARY AND
ETC.,.
IN WRIT PETITION NO.4824/2015
BETWEEN:
SINDHI HIGH SCHOOL
SITUATED AT 33/2A & 33/2B,
KEMPAPURA, HEBBAL,
BANGALORE - 560 024
REPRESENTED BY ITS CHAIRMAN
SRI.MAHESH RAMCHAND,
S/O RAMCHAND,
AGED ABOUT 49 YEARS.
... PETITIONER
(BY SRI.S BASAVARAJ, ADV.)
AND:
1. STATE OF KARNATAKA
BY THE SECRETARY
DEPARTMENT OF EDUCATION
M.S. BUILDING,
DR.AMBEDKAR VEEDHI
BANGALORE - 560 001.
2. THE COMMISSIONER FOR PUBLIC
INSTRUCTION,
DEPARTMENT OF PUBLIC INSTRUCTION
OFFICE OF THE COMMISSIONER
FOR PUBLIC INSTRUCTIONS,
NRUPATHUNGA ROAD,
15
BANGALORE - 560 001.
3. THE BLOCK EDUCATION OFFICER
BYATARANYAPURA,
BANGALORE
... RESPONDENTS
(BY SRI.A.S.PONNANNA, ADDL. AG FOR
SRI.H.T.NARENDRA PRASAD, AGA FOR R1-R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
GOVERNMENT ORDER VIDE ANN-J, DATED 18.6.2014 ISSUED
BY THE R-1 AS BEING VIOLATIVE OF ARTICLE 30 OF THE
CONSTITUTION OF INDIA AS IT VIOLATES THE FUNDAMENTAL
RIGHTS OF THE UNAIDED MINORITY EDUCATIONAL
INSTITUTIONS.
IN WRIT PETITION Nos.4927-4930/2015
BETWEEN:
1. NATIONAL EDUCATION TRUST
NO.CA, 13TH MAIN ROAD,
HAL II STAGE,
INDIRANAGAR,
BANGALORE-560038.
REPRESENTED BY ITS TRUSTEE
SRI.DR.K.P.GOPALAKRISHNA.
2. NATIONAL PUBLIC SCHOOL
NO.CA,13TH MAINROAD,
HAL II STAGE, INDIRANAGAR,
BANGALORE-560038.
REPRESENTED BY ITS PRINCIPAL,
SRI.DR.K.P.GOPALAKRISHNA.
3. NATIONAL PUBLIC SCHOOL
NATIONAL GAMES VILLAGE COMPLEX,
16
80 FEET ROAD, KORAMANGALA,
BANGALORE-560047.
REPRESENTED BY ITS CHAIRMAN,
SRI.DR.K.P.GOPALAKRISHNA.
4. NPS INTERNATIONAL SCHOOL
NO.21, ANJANADRI ROAD,
VIJAYNAGAR 4TH STAGE, 2ND PHASE,
MYSORE-570018.
REPRESENTED BY ITS CHAIRMAN,
SRI.DR.K.P.GOPALAKRISHNA.
... PETITIONERS
(BY SRI.S.M.CHANDRASHEKAR , SR. COUNSEL FOR
SRI.ASHWIN CHIKKAMATH, ADV.)
AND:
1. NATIONAL COMMISSIONER FOR
MINORITY EDUCATIONAL INSTITUTIONS,
GOVERNMENT OF INDIA,
GATE NO.4, 1ST FLOOR,
JEEVAN TARA BUILDING 5,
SANSAD MARG,
PATEL CHOWK,
NEW DELHI-110001.
REPRESENTED BY ITS
DEPUTY SECRETARY.
2. MINISTRY OF HUMAN RESOURCE DEVELOPMENT
GOVERNMENT OF INDIA,
DEPARTMENT OF SCHOOL EDUCATION,
EE-15 SECTION,
SHASTRI BHAVAN,
NEW DELHI-110001.
REPRESENTED BY ITS SECRETARY.
3. KARNATAKA GOVERNMENT DIRECTORATE OF URDU
AND OTHER MINORITY LINGUISTIC SCHOOLS,
17
K.R.CIRCLE, BANGALORE-560001.
REPRESENTED BY
THE DEPUTY DIRECTOR (ADMINISTRATION)
DEPARTMENT OF PUBLIC INSTRUCTIONS,
BANGALORE SOUTH DISTRICT,
BANGALORE.
4. DEPARTMENT OF PUBLIC INSTRUCTION
GOVERNMENT OF KARNATAKA,
K.R.CIRCLE, BANGALORE-560001.
REPRESENTED BY ITS COMMISSIONER.
... RESPONDENTS
(BY SRI.A.S.PONNANNA, ADDL. AG FOR
SRI.H.T.NARENDRA PRASAD, AGA FOR R3 & R4)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR
ORDER OR DIRECTION; QUASH THE ENDORSEMENT
DT.18.6.2014 ISSUED BY THE R-4 VIDE ANNX-T AS ILLEGAL
AND ARBITRARY; QUASH THE ENDORSEMENT DT.1.10.2014,
ISSUED BY THE R-4 VIDE ANNX-Z AS ILLEGAL AND ARBITRARY
AND ETC.,.
IN WRIT PETITION Nos.12317-12318/2015
BETWEEN:
1. CITIZEN'S EDUCATION SOCIETY (REGD.)
1036A, 5TH BLOCK,
RAJAJINAGAR,
BANGALORE - 560010.
REPRESENTED BY ITS CHAIRMAN,
SRI.DR.K.P.GOPALAKRISHNA
AGED ABOUT 77 YEARS
2. NATIONAL PUBLIC SCHOOL
18
1036A, 5TH BLOCK,
RAJAJINAGAR,
BANGALORE - 560 010.
REPRESENTED BY ITS CHAIRMAN,
SRI.DR.K.P.GOPALAKRISHNA.
AGED ABOUT 77 YEARS. ... PETITIONERS
(BY SRI.S.M.CHANDRASHEKAR , SR. COUNSEL FOR
SRI.ASHWIN CHIKKAMATH, ADV.)
AND:
1. NATIONAL COMMISSION FOR
MINORITY EDUCATIONAL INSTITUTIONS,
GOVERNMENT OF INDIA,
GATE NO.4, 1ST FLOOR,
JEEVAN TARA BUILDING,
5, SANSAD MARG,
PATEL CHOWK,
NEW DELHI-110001.
REPRESENTED BY ITS
DEPUTY SECRETARY.
2. MINISTRY OF HUMAN RESOURCE DEVELOPMENT
GOVERNMENT OF INDIA,
DEPARTMENT OF SCHOOL EDUCATION,
EE-15 SECTION,
SHASTR BHAVAN,
NEW DELHI-110001.
REPRESENTED BY ITS SECRETARY.
3. KARNATAKA GOVERNMENT DIRECTORATE OF URDU AND
OTHER MINORITY LIGUISTIC SCHOOLS,
K.R.CIRCLE, BANGALORE-560001.
REPRESENTED BY
THE DEPUTY DIRECTOR (ADMINISTRATION)
DEPARTMENT OF PUBLIC INSTRUCTIONS,
BANGALORE SOUTH DISTRICT,
BANGALORE-560001
19
4. DEPARTMENT OF PUBLIC INSTRUCTIONS
GOVERNMENT OF KARNATAKA,
K.R.CIRCLE, BANGALORE-560001
REPRESENTED BY ITS
COMMISSIONER.
5. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
BANGALORE NORTH,
DEPARTMENT OF PUBLIC INSTRUCTION,
GOVERNMENT OF KARNATAKA,
K.G.ROAD, BANGALORE-560001.
6. BLOCK EDUCATION OFFICER
BANGALORE NORTH RANGE-1,
DEPARTMENT OF PUBLIC INSTRUCTION,
GOVERNMENT OF KARNATAKA,
2ND BLOCK, RAJAJINAGAR,
BANGALORE-560010.
... RESPONDENTS
(BY SRI.A.S.PONNANNA, ADDL. AG FOR
SRI.H.T.NARENDRA PRASAD, AGA FOR R3 TO R6;
SRI.KRISHNA S DIXIT, ASG FOR R1 & R2)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ENDORSEMENT DATED 18.6.2014 ISSUED BY THE R-4 VIDE
ANN-P AS ILLEGAL AND ARBITRARY AND ETC.,.
IN WRIT PETITION Nos.51306-51307/2015
BETWEEN:
1. SUNDARAMA KRISHNAMURTHY
EDUCATIONAL AND CHARITABLE TRUST
AN EDUCATIONAL & CHARITABLE TRUST
REGISTERED UNDER THE PROVISIONS OF
INDIAN TRUST ACT
20
HAVING ITS REGISTERED OFFICE AT
"VAGDEVI VILAS", SURVEY NO 77/4 AND 77/5
MUNEKOLALU MARATHAHALLI POST,
BANGALORE - 560037
REPRESENTED BY ITS MANAGING TRUSTEE
SRI K HARISH
S/O LATE G S KRISHNAMURTHY
2. VAGDEVI VILAS SCHOOL
SY NO 124/5 & 218
NEKKUNDI DOMMASANDRA ROAD,
VARTHUR, BENGALURU - 560087
REPRESENTED BY ITS PRINCIPAL
... PETITIONERS
(BY SRI. MAHESHA B, ADV.)
AND:
1. STATE OF KARNATAKA
BY ITS SECRETARY
DEPT OF EDUCATION (PRIMARY & SECONDARY )
VIDHANA SOUDHA
BENGALURU - 560001
2. THE COMMISSIONER
FOR PUBLIC INSTRUCTIONS
NRUPATHUNGA ROAD,
BENGALURU-560 001.
3. THE DIRECTOR
DIRECTORATE OF URDU & OTHER LINGUISTIC
MINORITY EDUCATIONAL INSTITUTIONS,
NRUPATHUNGA ROAD,
BENGALURU-560 001.
4. THE BLOCK EDUCATION OFFICER
SOUTHERN ZONE-04
21
TAHSILDARS OFFICE,
MINI VIDHANA SOUDHA,
K.R.PURAM,
BENGALURU-560 006.
... RESPONDENTS
(BY SRI.A.S.PONNANNA, ADDL. AG FOR
SRI.H.T.NARENDRA PRASAD, AGA)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ENDORSEMENT DTD:10.08.2015 ISSUED BY THE R-3 AT
ANNEXURE-E AND ETC.,.
IN WRIT PETITION Nos.7411-7412/2016
BETWEEN:
1. SUNDARAMMA KRISHNAMURTHY
EDUCATIONAL AND CHARITABLE TRUST
AN EDUCATIONAL & CHARITABLE TRUST
REGISTERED UNDER THE PROVISIONS OF
INDIAN TRUST ACT
HAVING ITS REGISTERED OFFICE AT:
VAGDEVI VILAS,
SURVEY NOS.77/4 AND 77/5,
MUNNEKOLALU, MARATHAHALLI POST,
BENGALURU-560 037
REPRESENTED BY ITS MANAGING TRUSTEE
SRI.K.HARISH
S/O LATE G.S.KRISHNAMURTHY
2. VAGDEVI VILAS SCHOOL
SURVEY NOS.77/4 AND 77/5,
MUNNEKOLALU, MARATHAHALLI POST,
BENGALURU-560 037
REPRESENTED BY ITS PRINCIPAL
... PETITIONERS
22
(BY SRI.MAHESHA B, ADV.)
AND:
1. STATE OF KARNATAKA
BY ITS SECRETARY,
DEPT. OF EDUCATION (PRIMARY & SECONDARY)
VIDHANA SOUDHA,
BENGALURU-560 001.
2. THE COMMISSIONER
FOR PUBLIC INSTRUCTIONS
NRUPATHUNGA ROAD,
BENGALURU-560 001.
3. THE DIRECTOR
DIRECTORATE OF URDU & OTHER LINGUISTIC
MINORITY EDUCATIONAL INSTITUTIONS,
NRUPATHUNGA ROAD,
BENGALURU-560 001.
4. THE BLOCK EDUCATION OFFICER
SOUTHERN ZONE-04,
TAHSILDARS OFFICE,
MINI VIDHANA SOUDHA,
K.R.PURAM, BENGALURU-560 006.
... RESPONDENTS
(BY SRI.A.S.PONNANNA, ADDL. AG FOR
SRI.H.T.NARENDRA PRASAD, AGA FOR R1 TO R4)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE R-2, 3 & 4 TO CONSIDER PETITIONERS CLAIM FOR THE
GRANT OF LINGUISTIC MINORITY STATUS [TELUGU] OF THE
2ND PETITIONER EDUCATIONAL INSTITUTION VIDE
APPLICATION DTD.11.2.2015 AT ANNEX-D.
23
IN WRIT PETITION Nos.14238-14241/2016
BETWEEN:
1. NATIONAL ACADEMY FOR LEARNING TRUST (REGD.)
4013, HAL II STAGE,
INDIRANAGAR,
BENGALURU - 560 008.
REPRESENTED BY ITS CHAIRMAN,
SRI. DR. K.P. GOPALAKRISHNA
AGED 77 YEARS
2. THE INTERNATIONAL SCHOOL BENGALURU (TISB)
NAFL VALLEY, VARTHUR,
SARJAPUR ROAD,
BENGALURU-562 125.
3. NATIONAL PUBLIC SCHOOL
32/P2, 17TH "B" MAIN,
SECTOR 4, H.S.R. LAYOUT,
BENGALURU-560 102.
4. NATIONAL ACADEMY FOR LEARNING
NO. CA SITE, 3RD CROSS,
3RD STAGE, 3RD BLOCK,
BASAVESHWARA NAGAR,
BENGALURU-560 079,
NO.2 TO 4 ABOVE
REPRESENTED BY ITS CHAIRMAN,
SRI. DR. K.P. GOPALAKRISHNA.
... PETITIONERS
(BY SRI.S.M.CHANDRASHEKAR, SR. COUNSEL FOR
SRI.ASHWIN C, ADV.)
AND:
1. NATIONAL COMMISSION FOR
24
MINORITY EDUCATIONAL INSTITUTIONS,
GOVERNMENT OF INDIA,
GATE NO.4, 1ST FLOOR,
JEEVAN TARA BUILDING,
5. SANSAD MARG,
PATEL CHOWK,
NEW DELHI-110 001,
REPRESENTED BY ITS DEPUTY SECRETARY.
2. MINISTRY OF HUMAN RESOURCE DEVELOPMENT
GOVERNMENT OF INDIA,
DEPARTMENT OF SCHOOL EDUCATION,
EE-15 SECTION,
SHASTRI BHAVAN,
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY.
3. KARNATAKA GOVERNMENT DIRECTORATE OF URDU AND
OTHER
MINORITY LINGUISTIC SCHOOLS,
K.R. CIRCLE,
BANGALORE-560 001.
REPRESENTED BY THE DEPUTY DIRECTOR
(ADMINISTRATION)
DEPARTMENT OF PUBLIC INSTRUCTIONS,
BANGALORE SOUTH DISTRICT,
BENGALURU.
4. DEPARTMENT OF PUBLIC INSTRUCTION
GOVERNMENT OF KARNATAKA,
K.R. CIRCLE, BENGALURU-560 001,
REPRESENTED BY ITS COMMISSIONER.
... RESPONDENTS
(BY SRI. KRISHNA S DIXIT, ADV. FOR R1 & R2;
SRI.A.S.PONNANNA, ADDL. AG FOR
SRI.H.T.NARENDRA PRASAD, AGA FOR R3 & R4)
25
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ENDORSEMENT DTD.18.6.2014 ISSUED BY THE R-1 VIDE
ANNEX-F AS ILLEGAL AND ARBITRARY AND ETC.,.
IN WRIT PETITION Nos.27602-27605/2016
BETWEEN:
1. NATIONAL ACADEMY FOR LEARNING TRUST (REGD)
4013, HAL II STAGE,
INDIRANAGAR,
BENGALURU-560 008,
REPRESENTED BY ITS CHAIRMAN,
SRI. DR. K.P. GOPALAKRISHNA,
2. THE INTERNATIONAL SCHOOL BENGALURU (TISB)
NAFL VALLEY, VARTHUR,
SARJAPUR ROAD,
BENGALURU-562 125.
3. NATIONAL PUBLIC SCHOOL
32/P2, 17TH "B" MAIN,
SECTOR 4, H.S.R. LAYOUT,
BENGALURU-560 102.
4. NATIONAL ACADEMY FOR LEARNING
NO.CA SITE, 3RD CROSS,
3RD STAGE, 3RD BLOCK,
BASAVESHWARA NAGAR,
BENGALURU-560 079.
NO.2 TO 4 ABOVE
REPRESENTED BY ITS CHAIRMAN,
SRI. DR. K.P. GOPALAKRISHNA.
... PETITIONERS
(BY SRI.S.M.CHANDRASHEKAR, SR. COUNSEL FOR
SRI.ASHWIN CHIKKAMATH, ADV. )
26
AND:
1. NATIONAL COMMISSION FOR MINORITY EDUCATIONAL
INSTITUTIONS,
GOVERNMENT OF INDIA,
GATE NO.4, 1ST FLOOR,
JEEVAN TARA BUILDING,
5, SANSAD MARG,
PATEL CHOWK,
NEW DELHI-110 001,
REPRESENTED BY ITS DEPUTY SECRETARY.
2. MINISTRY OF HUMAN RESOURCE DEVELOPMENT
GOVERNMENT OF INDIA,
DEPARTMENT OF SCHOOL EDUCATION,
EE-15 SECTION,
SHASTRI BHAVAN,
NEW DELHI- 110 001,
REPRESENTED BY ITS SECRETARY.
3. KARNATAKA GOVERNMENT DIRECTORATE OF URDU AND
OTHER
MINORITY LINGUISTIC SCHOOLS,
K.R. CIRCLE,
BANGALORE-560 001,
REPRESENTED BY THE DEPUTY DIRECTOR
(ADMINISTRATION)
DEPARTMENT OF PUBLIC INSTRUCTIONS,
BANGALORE SOUTH DISTRICT,
BENGALURU.
4. DEPARTMENT OF PUBLIC INSTRUCTION
GOVERNMENT OF KARNATAKA,
K.R. CIRCLE, BENGALURU-560 001,
REPRESENTED BY ITS COMMISSIONER.
... RESPONDENTS
(BY SRI.A.S.PONNANNA, ADDL. AG FOR
27
SRI.H.T.NARENDRA PRASAD, AGA FOR R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ENDORSEMENT GOVERNMENT ORDER DTD:18.6.2014
ISSUED BY THE R-4 PRODUCED AT ANNEXURE-F AS ILLEGAL
AND ARBITRARY AND ETC.,.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Petitioner-Institutions have preferred these petitions and the common prayer made in these petitions is for quashing of the Government order 18th June 2014 passed in No. ED 27 MAHITI 2012(baga 1) which is made applicable to the petitioner- Institutions, as arbitrary since the petitioner-Institutions are minority institutions for the purpose of Article 30 of the Constitution of India. The Competent Authority to issue Minority status certificate is the authority constituted under the National Commission for Minority Educational Institutions Act, 2004 (hereinafter referred to as 'the NCMEI Act' for short). Though Petitioner-Institutions have made applications to the said authority long back, so far the Status certificate has not been issued. It is also the case of the petitioner-Institutions that the 28 applications said to have been made by the Linguistic Minority Institutions for issuance of Status Certificate have not been processed by the authority.
2. The learned Senior Counsel appearing for the counsel for the petitioner-Institutions submits that it is the responsibility of the Central Government under the NCMEI Act to issue Minority status certificate and since the authority has not considered the applications of the petitioner-Institutions, under the circumstance insisting of admitting the students recommended by the Government under Right to Free and Compulsory Education Act, 2009 (hereinafter referred to as 'the RTE Act' for short), which constitutes 25% of the total strength of the petitioner-Institutions is arbitrary, unconstitutional and violation of Article 30 of the Constitution of India. In respect of issuance of minority status certificate to the petitioner- Institutions, the learned Senior Counsel submits that this Court in Writ Petition No. 10402 of 2014 disposed of on 30th April 2014, by relying on the submission of the learned Advocate General that until determination of the minority status to the 29 petitioner-Institutions, implementation of the RTE Act cannot be done to the petitioner-institutions and hence insisting the petitioner-institutions for admission of students sponsored by the Government under RTE Act is arbitrary. Hence, the learned senior counsel submits that the judgment of this Court is binding, since the Government itself has made such submission through the learned Advocate General of the State. The learned senior counsel further submits that even without issuance of any status certificate, the petitioner-Institutions are minority institutions for the purpose of Article 30 of the Constitution of India and as long as that issue is resolved and decided by the Hon'ble Supreme Court, the insistence of admission of students under RTE Act is unfair and arbitrary and hence the same is to be set aside.
3. This Court on 17th October 2016 passed an Interim Order wherein it was brought to the notice of the Court that the Hon'ble Supreme Court has observed that in respect of the minority educational institutions both aided and un-aided a re- look by the Constitutional Bench is necessary and accordingly 30 has issued notice to all the Schools under RTE Act, 2009; and therefore, deferred all these matters till the decision to be taken by the Hon'ble Supreme Court. In the light of the said order dated 17th October 2016, till the matter is re-looked and an order is passed by the Hon'ble Supreme Court, the insistence of filling up of 25% of the total strength by accommodating the students sponsored by Government under the RTE Act, 2009 shall not be done and hence it is submitted that there shall be a direction to the respondent Government not to insist for filling of 25% of seats by admitting the students sponsored by Government under RTE Act, 2009.
4. The learned counsel appearing for the petitioner in Writ Petition No.10401 of 2014 submits that the Commissioner of Public Instructions has communicated the order declaring that the petitioner-institution is a Tulu speaking linguistic minority institution and hence, this institution cannot come under RTE Act 2009.
5. The learned counsel appearing for the petitioners in Writ Petitions No.4825 of 2015, 4824 of 2015, 6276-83 of 2013, 31 3773 of 2014 submits that the petitioner-institutions are Sindhi and Telugu speaking institutions and hence are linguistic minority institutions in nature. In order to claim the status of linguistic minority institution, the learned counsel relied upon the judgment of the Hon'ble Supreme Court in the case of TMA PAI FOUNDATION V. STATE OF KARNATAKA reported in (2002)8 SCC 481 and referred to paragraph 184 of the judgment.
6. In Writ Petitions No.51306-307 of 2015, 7411-12 of 2016, the learned counsel appearing for the petitioner- Institutions submits that the institution is a Telugu speaking minority institution and they are not covered for the purpose of RTE Act.
7. It is further submitted that the RTE Act is a State legislation, whereas the Linguistic Minority Act is under Article 30 of the Constitution of India. When such is the constitutional guarantee, the petitioner-Institutions are not liable for admitting the students under the provisions of RTE Act.
8. Per contra, the learned Additional Advocate General appearing for the State submits that as long as the petitioner- 32 institutions are not in possession of status certificates issued by the Competent Authority, they are bound to admit the students under RTE Act, 2009. The said Act came into force by virtue of amendment made under Article 21A of the Constitution of India. He submits that most of the institutions are not in possession of any status certificate issued by the competent authority, however, they claim that they are minority institutions and that is impermissible. In support of his submissions, the learned Additional Advocate General relies upon the judgment of Hon'ble Supreme Court in the case of P. A. INAMDAR AND OTHERS VS STATE OF MAHARASHTRA AND OTHERS reported in (2005)6 SCC 537 and places reliance on 102 of the judgment.
9. In these petitions, Smt. Jayne Kothari, the learned counsel, is permitted to appear as intervener to make submissions. She submits that as per Section 10(1) of the NCMEI Act, the minority education institution, in order to establish that status, may apply to the competent authority for grant of no objection certificate for the said purpose. She also refers to sub-Section (2) of Section 10 of the NCMEI Act the 33 Competent authority shall (a) on perusal of documents, affidavits or other evidence, if any; and (b) after giving an opportunity of being heard to the applicant, decide every application filed under sub-section (1) as expeditiously as possible and grant or reject the application, as the case may be. The learned counsel referred to Section 2(ca) of the NCMEI Act, which defines "Competent Authority". According to the Act, 'Competent Authority' means the authority appointed by the appropriate Government to grant no objection certificate for the establishment of any educational institution of their choice by the minorities. She further refers to Section 2(aa) of the NCMEI Act which provides for appropriate Government. "Appropriate Government" means,- (i) in relation to an educational institution recognized for conducting its programmes of studies under any Act of Parliament, the Central Government; and (ii) in relation to any other educational institution recognized for conducting its programmes of studies under any State Act, a State Government in whose jurisdiction such institution is established. Any State Act of respective State Governments in whose jurisdiction such institutions fall is to be established. Referring to the definition 34 clause, the learned counsel submits that it depends upon the nature of education conducted by such institutions and they may make application either to the State Government in case of state education and to the Central Government in case of Central education. When the Act clarifies the position about the Competent Authority without giving any scope for confusion, unnecessarily the petitioner-Institutions have approached this Court instead of approaching the Competent Authority.
10. The learned Central Government Standing Counsel submits that for the purpose of minority, the NCMEI Act defines that the institution is the one which is notified as such by the Central Government. Further, he submits that Section 2(g) of the NCMEI Act defines Minority Education Institution which means a college or an educational institution established and administered by a minority or minorities. He further submits that in order to obtain status of minority, the institution should approach the Central Government.
11. Heard the learned Senior Counsel appearing for the petitioner-Institutions; the learned Additional Advocate General 35 appearing for the State, the learned Central Government Standing Counsel; and Smt. Jayne Kothari, the learned intervener.
12. By 86th Amendment Act 2002, Article 21A was inserted to the Constitution of India i.e. Right to Education, in which the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine. Without education to children, right to speech will be of no avail. In order to comply with the mandate of this Article, Right to Free and Compulsory Education Act, 2009 was brought into effect by the Government of Karnataka. As per this, 25% of the total seats in the educational institutions have to be filled up by admitting the students who are recommended by Competent Authority under RTE Act, 2009. This effort has been made in order to comply it to the fullest meaning of Article 19(1)(a) of the Constitution of India, i.e. freedom of speech and expression. Merely providing fundamental right of speech and express minus producing education would go futile. In the light of the above, this 36 amendment was brought to the Constitution of India resulting in bringing into force RTE Act, 2009. When such is the provision of law, the constitutional mandate of educational institution which have been approved by State or Central Government are invariably made to reserve 25% of its total strength for admission to the students who are recommended by the respective governments under RTE Act. These 25% students are the one who belong to economically weaker and backward sections of the Society.
13. The case of the institutions which are petitioners herein is that they are linguistic minority institutions. It is true that Article 30 of the Constitution of India provides constitutional status to the minority institutions and also provides privilege and immunity, viz. that the State Act or Municipal Act are not applicable to the Minority Institutions. The submission of the petitioner-Institutions that as per RTE Act insisting of 25% of total admission for the students recommended by the respective Governments, is beyond the competence of the State Government. The Linguistic Minority Institutions shall not be 37 brought under the provisions of RTE Act. These institutions are not just Linguistic Minority Institutions, but also religiously minority institutions. The Competent Authority to issue such certificate, has not been clarified and the cases of this nature for implementation of admitting 25% of total strength of the institution by admitting the students recommended by the respective Governments was the subject matter, as is referred by this Court, which is to be re-looked, and accordingly, it is pending before the Hon'ble Supreme Court. Unless that is decided by the Hon'ble Supreme Court insisting of admitting 25% of the total strength of students that are recommended by the respective Governments is unconstitutional and hence the impugned Notification is liable to set aside. It is true that the Notification of such notification is to be struck down. But, the question is whether any of these petitioner-Institutions are in possession of the minority status certificate issued by the competent authority? I have gone through every paper produced in the petition and could see that none of the petitioners have produced status certificate. It is also not their 38 case that there cases have been turned down by the Competent Authority.
14. The submission of the respondent Government is that, as long as and until the certificate of minority status is provided, the petitioner-institutions are bound to admit 25% of the students sponsored under the RTE Act, 2009. The Competent Authority, for the purpose of issuance of such certificate, is defined under Section 10 of the NCMEI Act. The Competent Authority has been defined under Section 2(ca) of the said Act that it is the State Government and the appropriate Government. Section 2(aa) of the said Act defines that in relation to an educational institution recognized for conducrting its programmes of studies under any Act of Parliament, it is the Central Government; and in relation to any other educational institution recognized for conducting its programmes of studies under any State Act, the State Government has the jurisdiction. When such is the clarity in defining the 'appropriate Government' and the 'Competent Authority', the petitioner-Institutions have to obtain minority status certificate either from State 39 Government or from Central Government. Without obtaining the minority status certificate, the petitioner-institutions are making an effort not to admit the students that are recommended by the respective governments under RTE Act, 2009, and the said act is not correct.
15. In this background, it is made clear that any institution, before claiming immunity or any privilege for the purpose of Article 30 of the Constitution of India, should be in possession of minority status certificate issued by the Competent Authority or by the appropriate Government. As per the Notification, the applications made by the petitioner-Institutions to the State Government and the Committee so constituted has to consider the applications and appropriate orders are to be passed in respect of issuance of minority status certificate. In that view of the matter, the Central Government is directed to consider and pass appropriate order for issuance of such certificate. Till such orders are passed or till issuance of minority status certificates, the petitioner-Institutions are directed to admit 25% of its total strength by admitting the students who 40 are sponsored under RTE Act for the academic year 2017-18. Whatever may be the confusion or clarification, if any, required and till it is resolved by the Competent Authority, State of Central Government, the petitioners-Institutions are directed to comply with the provisions of RTE Act, 2009, i.e. to give admissions of 25% of the total strength by admitting the students recommended by the respective Government under RTE Act for the academic year 2017-18.
16. Last but not the least, it is to be mentioned that the petitioner-Institutions taking shelter of the Interim Order granted by this Court, has not given admission of 25% of its total strength to the candidates recommended under RTE Act. Now, by dismissal of the said writ petitions, the petitioner- Institutions are directed to admit the students who are not admitted by virtue of Interim Order, till it completes 75% of admissions. In view of the fact that 25% of the total strength has to be made to the candidates sponsored under RTE Act, in addition to the regular 25% per year, another 10% of candidates have to be admitted to the petitioner-Institutions, till it reaches 41 75%. The additional 10% is to be treated as backlog. The court is conscious that if 75% is to be insisted for admissions in one year, the Institutions may find it difficult and hence it is observed that additional 10% to the regular 25% is to be taken for admissions. This shall be complied with, and it is directed that the respondent-Government shall pass necessary circular/orders for recommendation of 10% candidates under RTE Act, as additional backlog seats.
17. The petitioners are also permitted to make another representation to the authorities, if they so desire. Further, it is also directed that the State/Central Governments shall process the applications made/to be made by the petitioner-Institutions and to pass appropriate orders, as expeditiously as possible and in any event not later than six months from the date of receipt of the certified copy of this order.
18. At this stage, it is submitted by the the learned counsel appearing for the petitioner in Writ Petition No.10401 of 2014 submits that the petitioner-Institution is in possession of status certificate issued by the Government of Karnataka. If 42 that is so, then the said petitioner shall not be insisted for admission of 25% students that are recommended by the Government under RTE Act, 2009.
19. Subject to the observations made above, petitions stand disposed of.
Sd/-
JUDGE lnn