Karnataka High Court
Karnataka Unaided Schools vs Union Of India on 14 August, 2019
Author: P.B.Bajanthri
Bench: P. B. Bajanthri
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF AUGUST, 2019
BEFORE
THE HON'BLE MR.JUSTICE P. B. BAJANTHRI
WRIT PETITION Nos.46811-15/2017 (EDN-RES)
BETWEEN:
1. KARNATAKA UNAIDED SCHOOLS
MANAGEMENTS' ASSOCIATION
A REGISTERED SOCIETY,
OFFICE AT NO. 427, 1ST CROSS,
2ND MAIN, VIDYAPEETHA LAYOUT,
T R NAGAR,
BANGALORE 560 028,
REP BY ITS SECETARY,
SRI. A MARIYAPPA,
AGED ABOUT 74 YEARS,
(SENIOR CITIZEN BENEFIT NOT CLAIMED)
2. SRI. GOWRI EDUCATIONAL TRUST
A REGISTERD TRUST,
OFFIE AT BRAMARAMBA NILAYA,
SHETTIHALLI ROAD,
SAPTHAGIRI EXTENSION,
TUMKUR 572 102.
REPRESENTED BY ITS SECRETARY,
SRI. NANJUNDA RAO,
AGED ABOUT 42 YEARS
3. APNA EDUCATIONAL SOCIETY
A REGISTERD SOCIETY,
OFFICE AT : OPPOSITE TO
ESI HOSPITAL, ARAVIND NAGAR,
KARWAR ROAD, HUBLI 580 030.
DHARWAD DISTRICT,
REP BY ITS CHAIRMAN SRI. G I BADBADE,
AGED ABOUT 47 YEARS
2
4. RENUKA EDUCATIONAL TURST
A REGISTERED TRUST
OFFICE AT: DR. R M LOHIYA NAGAR,
GOKUL ROAD, HUBLI 580 030,
DHARWAD DISTRICT,
REP BY ITS SECRETARY,
SRI. SANAYALLAPPA D DOLLIN,
AGED ABOUT 36 YEARS
5. SRI. BALAJI EDUCATION SOCIETY
A REGISTERED SOCIETY,
OFFICE AT SRI. GANGA NILAYA,
OPP. MODERN THEATRE,
P.B. ROAD, DHARWAD CITY 580 004.
DHARWAD DISTRICT,
REP BY ITS PRESIDENT,
SRI. DEEPAK S GAONKAR,
AEGED ABOUT 47 YEARS .... PETITIONERS
(BY SRI.DHANANJAY K.V. ADVOCATE)
AND
1. UNION OF INDIA
REPRESENTED BY SECRETARY,
MINISTRY OF HUMAN
RESOURCE DEVELOPMENT,
SHASTRI BHAWAN,
NEW DELHI 110 001.
2. STATE OF KARNATAKA
REP BY PRINCIPAL SECRETARY,
DEPARTMENT OF EDUCATION
(PRIMARY AND SECONDARY
SCHOOL EDUCATION)
VIDHANA SOUDHA,
BANGALORE 560 001
3. COMMISSIONER OF PUBLIC INSTRUCTION
DEPARTMENT OF EDUCATION
(PRIMARY AND SECONDARY SCHOOL EDUCATION)
GOVERNMENT OF KARNATAKA,
NRUPATHUNGA ROAD,
3
BANGALORE 560001. .. RESPONDENTS
(BY SRI. N.JAGADISH BALIGA, ADVOCATE FOR R1;
SMT.PRAMODINI KISHAN, AGA FOR R2 AND R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF CONSTITUTION OF INDIA, TO DECLARE THAT THE
NOTIFICATION ISSUED BY THE GOVERNMENT OF
KARNATAKA BEARING THE NOTIFICATION NO.ED 369 PGC
2014 DATED 11.11.2014 (ANNEXURE-D) IS ULTRA-VIRES
THE KARNATAKA EDUCATION ACT, 2009 FOR
CONTRAVENTION OF SECTIONS 19, 20 AND 25 THEREOF
AND IS OPPOSED TO ARTICLE 256 OF THE CONSTITUTION
OF INDIA AND TO QUASH IT ACCORDINGLY AND ETC.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
In the instant petitions, petitioners prayed for the following reliefs:
a) declare that the notification issued by the Government of Karnataka bearing the Notification No.ED 369 PGC 2014 dated 11.011.2014 (Annexure-D) is ultra-vires the Karnataka Education Act, 2009 for contravention of Sections 19, 20 and 25 thereof and is opposed to Article 256 of the Constitution of India and to quash it accordingly;4
b) Issue a writ of prohibition or a writ or direction of any other name or description to the respondents against enforcement of the impugned notification;
c) Pass such other order as this Hon'ble Court may deem fit in the facts and circumstances of this case, in the interest of justice and equity.
2. Learned AGA submitted that the present petitions do not survive for consideration as Ministry of Government of Karnataka in exercise of power under Sections 30 and 31 of the Karnataka Education Act, 1983 and in modification of the Notification dated 26.05.2003, ED 34 VIVIDHA 2003 and notification dated 12.08.2005, ED 63 SES 2004 has issued under the Karnataka Education Institutions (Classification and Registration) Rules, 1997 (Amendment) Rules, 2018 which has been given effect from 11.11.2014 in terms of notification issued dated 07.03.2018 (Annexure-C). 5
In view of issuance of (Amendment) Rules, 2018 the present petitions do not survive for consideration. Accordingly, petitions stand disposed of reserving liberty to the petitioner to question if he is otherwise aggrieved by the (Amendment) Rules, 2018.
Sd/-
JUDGE JS/-