Gururaj Tengli vs State Of Karnataka Dept Of Education on 10 November, 2010

[Cites 5, Cited by 1]

Karnataka High Court

Gururaj Tengli vs State Of Karnataka Dept Of Education on 10 November, 2010

[BY S}-IR}. M. KU1vmR, GOVT ADVOCATE FOR R1--R3) ._~ j THIS WRIT PETITION IS FILED UNDER ARTICLESIj'---2;2£:.._[' AND 227 OF THE CONSTITUTION OF IND1AVHI>'RAYIjN~Cg _ ' QUASH RULE [8}(2} OF KARNA'FAKA EDUCATIO1«IAL_V "

INSTITUTIONS [COLLEGIATE EDUCATION} 'RLILIESA 2AO03,,».y'IDA_ET ; NOTIFICATION DT.7.8.2003, ISSUED"BY>._THE RESPOND:EN';'--.. PRODUCED AT ANN~E, AS ILLEGAL. IN W.P.N0.9452/2006 BETWEEN:

1. DESHAK JAGANNATN 'V S/OSTDESHAK I AGED 42 _ "

R/O NEAR LAIISIJMIVNAPAYANA MANDIRA GUL.{BARCA;5.S5 _ -- ...PE'I'I'I'IONER (BY SHRI SM ADV (I\OC)) AND: ,-- --.

:"THE.,C}OVT:i"'C)F KARNATAKA ' " _EDU.CA_T1ON_ DEPARTMENT, = REP }3Y_'jITS' SECRETARY ' x.rIDI~IANA'~.:SOUD1nIA. BANGALORE I. I A COMMISSIONER OF _ . _COLLEGIATE EDUCATION NRUPATUNGA ROAD, BANGALORE 1.

" ._ j;3. KOTTALA BASAVESHWARA BHARATIYA SHIKS I-{AN SAMITHI 7?

. Sri. ~S¢r;a'1 " ~ .. a._ ' 'Lecture"r_ir1 Chemistry. Konnur, "Sri. S.S. Moolimani REPRESENTED BY ITS SECRETARY, SEDAM.

GULBARGA 585 222

4. NRUPATUNGA FIRST GRADE COLLEGE : ' SEDAM, ' GULBARGA, 545 222. , RESI,--;ONDEN;TS~_ ' (BY SHR1 M. KUMAR, GOVT ADVOCATE F0'R_R1r&; R:-2.) THIS WRIT PETITION IS E1LE1:x_UN13'E"R TARTECLES '2;26*'AND 227 OF' THE CONSTITUTION OF' INDI£a;'Pf{;%YI}\J'G TO QUASH THE ENDORSEMENT/ORDER D';1'.17;'3'.'2:{)06 EE'Pf-TSSED BY R2, THE COPY OF' WHICH AS SERVED ON pE.TrT1ONER IS FILED HERREWITH A1\l'D_ MARKED AS ' IN w.P.Nos.3157:a-_ 1:i_4f1S9"*r» BETWEEN: J

1. U.M.HAMPI'H.OLIv Aged:1V£ajOr, 4' .

, Lecturgtr in Mathematics,

2. "q --. MOQ1ima.ni"~--, 'Ag'é_C1='l'v4'aj:ar.'v T Lecturer 'i11)?hyS'iés. _ L:~:ciurer in Zoology, Aged: Major, Lecturer in Physics, @

12. S1§i;{>._B. I5é1i»il_ A' 'Tﬁijapur District. PETEDEERS L' (BYSRI V LAKSHMINARAYANA, Am}

6. Sri. 8.3-1. Sankanagouda Aged: Major, Lecturer in Mathematics

7. Sri. N.B. Somanakatﬁ Aged: Major, Lecturer in Statistics

8. Sri. S.S. Aland Aged: Major.

Lecturer in Chemistry

9. Sri. S.S.Iregouda Aged: Major, -. « Lecturer in Zoology, '

10. Sr-1.s.V. Aged: I\5aiior..."u b * ' Laboratory. Att.e'r;cier '

11. Sri. ;s.c._ AgedE~_Major, e e Laborat9ryerAtte_ndefr _ " -- =fi§§ed:=e_r1\v1a30r. ..... .. " A V Labore:1tory_Attender Sri. V55-'._ Commerce and Science Mahavidyalaya, Badami, £7 Bijapuxf District. t - * PETIFIONERS (°e°ar.s'R£V'sE~'f:; B§RA~ «_ DARJDW 'V1. E5f¢ate".of Kamataka T " The Director of Coilegiate

8. Smt. S.S. Muttlnapendinlath Aged: Major, Lecturer in Botany

9. Sri. S.I. Badardinni Aged: Major, Lecturer in Chemistry

10. LG. Mathapathi Aged: Major. __ Laboratory Attenderv '_

11. N.J.Aralagundgi .

Aged: Major, Laboratory Atten"_c!er, 1. 2

12. Sri. K.P. €Puj::si'i Aged: Major."'-- --. «.

Labor:itorg 1?;ttefié?£é:ar.--.» All are From " _ __ GP. Porwa1Arts, Commeree«--aﬁd Science co11ege,Sindg;.i,_, ' "

By its Secretary to

2. A' 'Tt'}._ov_emment, ' 'V_I_§_'cA1o.caﬁon Department, Bangalore -- 560 001.

Eciucation, Palace Road, Bangalore --~ $60 001.

3. The Regional Deputy Director Of Coiiegiate Education.

Dharvvad.

4. The Principai 1 GP. Porwal Arts, Commerce and Science college, Sindgi, Bijapur District.

5. Sri. Paclmaraj VidyaVardhak_____ ' Sarnsthe, Sarangarriath, "

Sindgi-- 586 128 ' ' Bijapur District by it Chairman,

6. Karnataka.Unis5;etrsityU ' Represer.%!ted..by 'its'--.Re"gis-triar, " V_ K Dharwad ._ (Amlendmeiit-:n.atiec the court order' d.ate.<j- . 1 .. RESPONDENTS (By Sri, -- M. Ktiiéinar,' .AD1j1T16NAL GOVERNMENT ADVOCATE, _for Resgpontient Nopi to 3]' ..WRI>;i'A«.P-E;1"17FION IS FILED UNDER ARTICLES 226 AND 227' _o:« »C0N'sT1TUT1oN OF INDIA PRAYING TO DIRECT THE'RESFO1_'~EDEN;TS To APPROVE THE APPOINTMENT OF THE'.1>ET1TI,0NVERs AND To GRANT THE STAFF GRANT To V THE 15'ETIT1oN'ERs AND ETc.. %w'i.ii2~._No.32516/1997 'ii GURANNA HEEBAL S / 0 Sri. Senkareppa Hebbal Aged: 34 years.

% Working as Lecturer in Physics, Sri. Suresh Bidarakundi S/o Nagappa Bidarakundi, Aged: 35 years, Lecturer in Statistics.

Sri. Mahadevappa Mangarool S / 0 Kallappa Mangarool, Aged: 38 years, _ Lecturer in Mathematics.

Sri. Revanasiddayya Vas-trad] "

S/0 Gurubasayya Vastrar_{; "

Aged: 31 yea1':;~:,_V A 1. V Lecturer in'~Zoo1ogy,., C ' sn. s1dciaraihé%5h15:A)'1e§fii.' .. "

S / o ~Nag-appja Poif'esh1" -- _ Aged: 2_9.years.._ ' . Working as Lecturer .in:-Pghysics Sri. shaxn-§1a.yya-ourﬁrriath S5' o~V_eeras-artgayya Gurumath, Agged about 32"y€._61.1fS', " . V Workii1g Lecturer in Botany * A S-fo Muragayya Nimbalgundi, Aged: ~ 30' years, Lecturers in Physics A' 'dz'.-7~ri. Chidanand Uruf Umesh Katageri v __S/'go Sri. Shivappa Katageri Aged: 31 years, Lecturer in Chemistry Sri. Ninganagouda Patil S/o Siddanagouda Patil. E Aged: 32 years, Laboratory Attender

18. Sri. Murtuz Naik Aged: 21 years, S/o Sri. Imam Hushen, 1 'Working as Lab Attender

19. Sri. P1-akash Janagond _ S / 0 Sri. Shankareppa Janagon_ci;» Aged: 29 years,

20. Sri Sicldaramesh I3iradatr_ 7 S/o Shivappa Biradar, T V Aged: 23 years; .

Working as :La'o_Atteride1j All are from M;G.V";--C }'Ai<.ts,"Co:rin:;e;fce, ' And Science Coleiegeg, .. Muddebihaﬂé 5,8,'-so 1222: " j Bijapur Iiﬁistrict. " . _' PETITIONERS (BY SR1 V ADVOCATE) AND 1? . V S't.ate7'of Kamatakaby ' its Se_Vcreta,ry to Government, 7<}dixca'i:ion Iiﬁepartment, " . MS. Buiiidiiiag, Er. B_..~P. _ Ambedkar Veedhi, Barlgalore --~ 560 001.

AA ﬁirector of Collegiate Education = Paiaee Road, Bangalore - 560 001.

" The Regional Deputy Director of Collegiate Education, Dharwad.

6 = 3. TH:E'1r<SO'iO'NA};""

.1 .fj2:;.A ,:TI?I'r3.4C€)VI1\2II\/IISSIONER I' V' BANGALORE RESPONDENTS SHRI M. KUMAR, ADDITIONAL GOVERNMENT *.ADVOCATE]

2. THE PRINCIPAL, MATHOSHREE GANGAMMA VEERAPPA CHINIVARA COLLEGE OF ARTS, COMMERCE AND SCIENCE MUDDEBIHAL 1 BIJAPUR

3. S.V. TAOASAD S/O VEERAPPA CHAIRMAN S.G.V.C TRUSTS .

MUDDEBIHAL _ '-_...s.j;2Ia:T'1~f:*1rON::§*.RS {BY SHRI S M CHANDRASHEKAAS, jAO'v)

1. THE STATE O.1~"*KARNA'TAKA.' .. ITS TC3;:.;Oo'vEI2.NMENT"

HIGHER EDUCATTONADEPARTMENT M.S.BUt-LDING 1' ' ~ "

BANGALORE-S1

2. THE DI-FECTOROF' V. '_ COLLEGIATE EDUCATION , "I-1;ALAcE='Ro'AO BA1'xE'GAL_ORE._ ._ JOINT DIREC--'10R OF COLLEGIATE A EDUCATION, DHARWAD

- " OF THE COMMISSIONER

-- FORICOLLEGIATE EDUCATION 5 {BY sII;'RI MOHANDRASHEKAR, ADV] '*I*I>I'I_: STATE OF KARNATAKA THIS WRIT PETITION Is FILED UNDER AR'I'ICLEE'> AND 227 OF THE CONSTITUTION OF INDIA PI=;:AYINi_O..jj'TO QUASH THE ENDORSEMENT OF THE RESPONDENT.1S_SUED_$_"I IN RESPECT OF THE LECTURERSQF' TI~IE"'PETITIONER v ' INSTITUTION DATED 6.I.98 VIDI: ANN.K."~ I IN W.P.NO. 31834] 1999 BETWEEN

1. PADMARAJ vIDYAVA*RDHAK""' - SAMSTHE SARANGA M1-';TII._ "

SINDIGI REP. BY ITS GENERAL s.F.cRE'TARY'. '' BIJAPURD1ST=R1CT " '

2. C.P.PORWAl}_*AF<TS,_ cOIv_IMER_cE_' &SCIENC-IE CGILLEGE, ._ " * SINDvE'G'I~ BIJAPUR_D'IsTRIc.'r _ --

REP. "BY ITS PRI1~IICII3AL__ ~ '

3. V.(}. PATII; .

s /O» GURU LINGAPPA PATIL AG_E:Nh'UOR, SECRETARY

- A PADMARAJA VIDYAVARDIIAK SAMSTHE » VV"sARANs3A.TMATH ' ._SIND_1G_I" ' ._

- AB-EJAPUR-._ PETITIONERS ITS SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT IVE.S.BUILDING BANGALORE» 1 5 18 INSTITUTION DT. 31.12.97 PASSED BY THE COM\/ISS'I:C,J}J:.I_3fRL,"'.,A' COLLEGIATE EDUCATION VIDE ANN--H. IN W.P.N0.10157/2006 BETWEEN

1. PREMJYOTI W/O LATE MALLIKARJUN _ AGED ABOUT 28 YRS * ' C/O PRABHUNATH " _ BORABA1 NAGAR NEAR VADQAR GALL1. ' _ BRAH1VIAPURG_ULBARGAf. ' "..,."I?.E'TITIONER {BY SHRI s 'EJTEHRI. RV.

BURJLADV] ~ '~ AND

1. STATE OF DEPT. OEEDUCATION MEEDILDING BANGALORE 1 T C-OM5M1s'E.1ONEE" """

_fEOR..COLL_EG_1ATE EDUCATION .1§4.s.13'E:1LD:NG BANGALORE 1

3. 'C4OMM1SS:£ONER FOR COLLEGIATE EDUCATION GULBARGA DIV GULBARGA J§L- '_ . PRINCIPAL NRAPATUNGA ARTS AND SCIENCE COLLEGE ' SEDAM GULBARGA DISTRICT RESPONDENTS 5 {BY SHRI M. KUMAR, ADDITIONAL GOVERNMENT FOR R1 TO R3} .. , A' THIS WRIT PETITION IS FILED UNDER ARTICLIES: 225. E' 227 OF THE CONSTITUTION OR INDLA..,P_RAY{'NG" Ow-.SI£. THE ENDORSEMENT DT. 30.3.2002 'JIDE'ﬁLNNEX'.D,"PASSED BY R2 AS ILLEGAL.

IN W.P.NO.3930 / 2000 BETWEEN I. VIJAYA MAHANTHES}-I VE'DY'AVARDE=IAK SANGHA HUNGUND BY ITS SECRETARY jy TQ:HUNGUNI):U_.

DIST: BAGALKQTP

2. PRINCIPAL I-

"

SCIENCE' &,C,0M'MERC;E COLLEGE HUNGUND.'QaMG*,=.'-

DIST: 'GUI.BARGAj~ ._ '__

3. NAG_ARAJ=MUD,GAL=_ S_I§_O HANUMANTHAPPA . AG'E:,_3.2 YRS, LECTURER IN COMMERCE . =.V.M,S.R._vASTRAI3 ARTS, SCIENCE &"COMMERC*E COLLEGE " ._ "I<1_U1\EGU1\II3»_}~' I DIST: _BAGA'LKOT GAYATRI DADMI .. ,O/O''EASAvAN'mAGOUDA '' _ AGE:33 YRS, LECTURER IN COMMERCE "V--;M.S.R. VASTRAD ARTS, SCIENCE ; & COMMERCE COLLEGE IHUNGUND DIST: BAGALKOT

3. THE COMMISSIONER OFFICE OF THE COMMISSIONER FOR COLLEGIATE EDUCATION BANGALORE

4. THE REGIONAL JOINT DIRECTOR OF COLLEGIATE EDUCATION _ .. " ~ DHARWAD ' __ RESPONDIENTS (BY SHRI M. KUMAR, ADDITIONAL." ADVOCATE) "

THIS WRIT PETITION ES FILED IINAI")ER'v'_ARTICLES 226 AND 227 OF THECONSI'1*ITIITIGN"»,OI«"v_INDIA PRAYING TO QUASH THE END'ORSEIv__IENTw~':O'P "R41..,DA;TED 3.6.98 VIDE ANNH AS ILLEGALf{_._f. 'V _; if; IN W.P.N6§5S4S§1_ 3;' 172991 BE'I'WEE1'\'- . A u h

1. KHAJA EDUCATION SOCIETY KLHAJA BANDANAWAZ COLLEGE _ IOE ENG I_NEERIN--C~...I . V NEW HOSTEL CAMPUS RAUZAI BIIZLIRG LI3ARG_A- . .

_ 2. I31 DEGREE COLLEGE EORWOMEN I LLGULEARGA ' REP BY ITS PRINCIPAL 'ZIEBA PRAVEEN D / O MOHD ALAUDDIN AGE:34 YEARS WORKING AS LECTURE EN ZOOLOGY H NO 2-907/8B 5 22 GUBBI COLONY SEDAM ROAD GULBARGA6 KANEEZ FATHIMA D/OSFALVI AGE:32 YEARS * ._ WORKING AS LECTURER IN ZOOLO(}Y~ GHATGE LAYOUT 1400/16--_O_ULBARGA SHABANA BEGUM D/O R A SUNKAD AGE:33 YEARS . "

WORKING As LECTUREAR IN. PZrT{Si{'§£'~A _ NEAR MASJID--E«~HUDA A "

RAHMATNAGAR OLDJEWARGI VAR '- ' GULBARGA, ' RAFEEQE B:+:O'AU1y1» D/O M A AGEv:'34"'Y-EARS 'fa; " _ . LECTUR.ER' IN B_Of.rAN§r~ . ___ H NO~_4--601-65D-/.1 " __ BASAVVESFEWAR COLONY GULBARGA- , ~'.;

::E;:ENA'rBAN'U' ..... <4 . * _ 17},/OM AOAN1 ' 'AOE.:.41AY13:ARs .WOI-?,I'ﬂ§\IG jAs;LEcTURER IN BOTANY '-- . HNO ';::.12::/19/1/3 msI1_)~1: YQUSUF COMPOUNITGULBARGA sY:+:D_A MAQDOOM SHAHJAHAN O 'TWO 8 RIYAZ AHMED * ,_AC}E:33 YEARS WORKING AS LECTURER IN MAT1-1EMA'1'1CS C/O M M JUNAIDI H NO 9-593 SHAIK ROZA GULBARGA '.13.

WORKENG AS LAB ATFENDER B1 B1 RAZA DEGREE COLLEGE GULBARGA FARREDA BI D /O HAMED PATEL AGE:31 YEARS WORKING AS LAB ATIFENDEZR B1 B1 RAZA DEGREE COLLEGE GU LBARGA BISMILLAH BI .

D/O BANDAGI SAREE. _ I AGE:43 YEARS WORKING AS LABA:fYENjO»ER_ v_ « B1 B1 RAZA }34EGREE£;cOLL.EGE"~ 'V ' GULBARCrA--._ ., p .

S/OYKr1ALIAL:HUSS;A1N.' AGE;39YEARs_.__ _ ;

WORKING AS. 1AfB.AT.Tx':?ND.ER B1 131 DEGREEOOLLEGE GULBARGAVV ._ Ai:*1:%D[JDAL HAMEED. _____ <4 . _S";O LABOR; RAHMAN ' "woRKiNG,AS GARDENER E1 E1.fR,AzA}-DEGREE COLLEGE '- . G~ULBARGA;= '(BY SRR; SMGHANORASHEKAR, ADV) 'THE STATE OF KARNATAKA BY ITS SEGY TO GOVERNMENT . .. PETITIONERS HIGHER EDUCATION DEPARTMENT M 8 BUILDING, BANGALOREJ 5

11.

13. 27 SCIENCE & COMMERCE, GADAG SHRI VENKARADDI KOLLI S/O SHRI HANAMARADDI KOLLI AGE:33 YRS, .

WORKING AS LECTURER IN MA1*HE';vIAfII--CS.;« K.S.S. COLLEGE FOR ARTS, SCIENCE ..

& COMMERCE, GADAG V SHRI SUBHAS EMMI S/O SHRI NAGAPPA EMMI AGE:32 YRS, H WORKING AS LECTU«RER IN EOTAIW K.S.S. COLLEGE FOR .SCIENC'.E»., . & COMMERCE, GAI)AG_ V * .. SHRI BHIMIix:\I}§;GOLIi3A 'I S/O » AGE:30 YRS:_~_'~;_,' _ z ,_ wOREI.1\:G'A_S LECTURER IN ---BQTANY K.S.S, SCIENCE & COMMERCE, (}A'DAG__ » "

SERI SANGAYYA' HIREIR/IATH mo SIIRI BASAYYA I-IIREMATH AGE:'°3'5 YRS, * IWORIIINGVAS LECTURER IN ZOOLOGY " ..:<.S.Sf;»-COI,LE_GE FOR ARTS, SCIENCE H = A6:-.CONINI:Ef§CE. GADAG S'}IRI"'VISH"§VARAPPA PATTANASHETTY S /O .SHRI KALAKAPPA PATANASHE'I'I"Y * =AGE:30 YRS, _ x_W'ORK1NG AS LECTURER IN ZOOLOGY K;S.S. COLLEGE FOR ARTS, SCIENCE

8.: COMMERCE, GADAG SHRI BHEEMAPPA M.P. S/O SHRI POTAR NAGANNA '% 'IIUIVIAR, ADDITIONAL GOVERNMENT 'AA2.AD'ﬁ/VOCATE) = ' '----.AND'-227 THE CONSTITUTION OF 1NDiA PRAYING TO » 'F..gL:ASI%I THE ENDORSEMENT OF R-2 AND 3 IN RESPECT OF 3'1f}1E LECTURERS OF THE PETITIONER INSTI'I'UTION DT.

" ; 17,1 1.98 AND 28.12.98 VIDE ANN--J AND K. 29

21. SI-IRI SAKKARASAS HOMBAL S/O SI-IRI SABANNASAB HOMBAL AGE:25 YRS.

WORKING AS LAB ATTENDER H . K.S.S. COLLEGE FOR ARTS, SCIENCE " " . - V . es; COMMERCE. GADAG PE{1I'I'IONE_£?S"' ' (BY SHRI S M CHANDRASHERAR, AND '

1. THE STATE OF KARP\E'2-¥1'AKA'BY'IT1fS SECRETARY' TO GOVERNMENT, HIGHER EDUCAT1*ON ADEPARTMENT M.S.BUILDING . = BANGALORE~E€»0 001-2- _ '

2. THE DIRECTOR?OI€5*CfL)LEE(§3ATEEDUCATION PALACE ROAD ~ BANGALORE

3. THECOMM_IS1SxIL3'1$EE}A{«.A - I OFFICE OF THE _CO.MM1»SSI£(:5NI?,R FOR COLLEGIATE' EDUCATION-..___ W' BANGALORE, A. V ~.

._ JOINT DIRECTOR OF COLLEGIATE EDUCATION V__D};IARWA_D. ._ 4,. ~ . ATHE_*1iI.EGiO1\EAL ' "

RESPONDENTS '~.,Ti~-HS_ PETITION IS FILED UNDER ARTICLES 226 6 '*1?

36 constraints of the Government and therefore, good and sufficient reason in refusing aid .

5. Insofar as the _ being to other institutions was conceri__1ed*~,.lA it .Wasv.cQIE1tended on behalf of the State' to its policy decision of 'all institutions which have: courses subsequent to 1987.

6. In~~WPVV325_3671997, the petitioners again I-'i'v.V.£ver§.t._'lecturers andlvlaboratory attendants similarly aV4.3«V._the~-tjgﬁetitioners in the earlier writ petition l l t namely, :3l?.516/ 1997. = The State had contested the petition by Hi' ﬁling almost identical Statement of objections as in V " the earlier petition.

8. in WP 31576 /97, the petitioneix-s"-«are working as lecturers in various disciplines":and_:other'e 9' petitioners are Laboratory att:39nd'ants..« in 'EE}hri". V.P.Arts, Commerce and», _Science--._ Magh2:yidya1'ayaV,"'~..L Badami, Bijapur District. had been duly approved The management had. year 1979~

80. Thereafte*r,_' to grant in thﬁ Year """ and Commerce Courses; " is said to have granted perﬁiissioii '(',~/v,i: 15.06.1988 to the college to icominengce €~3.cience""'courses, subject to the condition of 7 years, the institution would be adrnit.ted9A«:'to Grant in aid. It is stated that the said condition' was renewed during the subsequent years. from the year 1991-92 though permission to it 9 "continue the course was granted, it was indicated that there would be no graxgt ail. 44 private colleges, the affidavit did not furnish information or justify the circumstances ' different institutions affiliated tofitfhin' «I)Iiarv}ad._region'--~g had been provided assistance',-.Ai"notwit.hstandi--4ngif"

inadequate infrastructural facilities provided. The university soughttt-ir:neAt'o aiaetter affidavit.

15. It Was"~g;ia'iso :ipoin.ted«.Afou_'t.. this court that under the 'iiariiataka Education Act every Iprivate¥_educational institution required registration' and for granting such .-~..registi3f:ation 'are provided in the Karnataka V.'-Ediucatiovnai "' V ._ _ Institutions [Classification and Regi.s1tration}_'Rules, 1997. And hence the State was "'~»-tcalled 'upon to state whether the private Educational gginstitutions offering degree courses had been registered. And if it was found that the institutions it had not been registered , the State was required to 3 46

18. On 18.02.2003, this court statement made on behalf of the State " ~.. the effect that it had started a vproijesjs to 'revi.'e\'V...,.tli;:_l« policy regarding grant~in§a_id...V_ being V to various kinds of instit1:gtions-"'iia"p_:the_.State~-and hence the framing of the have become redundant. submitted that the State it the framing of the amended _ E9 « wt."

19. Finally,}. 8.8.2003, the Karnataka :'Vf._V.EduVc*atit511al institutions [Collegiate Education) Rules, referred to as the "2003 Rules", for M 8' . brevity duly published in the Gazette. At this, ':'t.he~i».peti'tioners sought to amend the petitions to incorporate a challenge to the constitutional validity of 8' the Rules. Applications in this regard were allowed. It was contended by way of amendment that Section 52 iw denial of grant in respect of the

--~.l.l._:':VC._0:l"_F1I}16I'C't'.'»VV and Accountancy courses commenced in seek to challenge the rejection of the petitioners' 53 has been amended to include a challenge to the Rules.

25. In we 31970/1999, emigre ga1:np'st§l identical as in the above _~ the,__petit'i.oi*1ersi 'Were denied grant --in-aid in respect iiof the degr-ee/cotirses in Science commenced in thelyear 21988 25~ In ll.:_--./@3909.iitheldddpletitioners are again ~gr.ant in respect of the staff employed in courses for Science, commenced inéthwe yearA'l9"9'1. ._3930~=i=i 2000, the petitioners are In WP 38491 the petitioners %

34. To summarize the sequence of eVe11ts'.'froin the date of filing of the earliest of these post the framing of the 2003 Ru?{es:¥:"'

35. The petitions are.,:Vp:'a1rnost all._ii]_ed.;"'seekingVi' salary grant which is:--'denied" insﬁtutiions on the footing that they are either established orrthat they have introduced teaching and whom the grant --in~ aid is sought- .v to a policy decision of _._the Stjatei'~Gover'1iifrient, adopted in the year 1994,cou1d V'V_no;'Ionge.r'~1j-aprovided on account of paucity of funds with the VSta't_e1'government . « ,___36V.°'.Any institution seeking grant--in-aid, either establishment or on the introduction of new

7.courses, could do so only after a period of seven years thereof. These petitioners were such institutions and % 60 individuals belonging to such institutions who--~._'w_e"re apparently eligible to seek such grant--in»a'id ,. provided to other institutionlslll Incidentally , it was even allegedlllthhat even-'durinygj pendency of the petitions thlerelgvwerelllcases the State had provided which were establishéﬁ of some of . .

37:. some of these petitions in the 'had noticed that there was no ..«s{atisfactdry.«v mechanism involving periodical "--.,insp'ectiorii0fV "private educational institutions receiving aids .gfi"om.l.th'eV..1'$tate Government. At the instance of co'ur1;, the Directorate of Collegiate Education had linitiated inspections of such aided institutions and submitted reports . T his court expressed its concern V "that there was no mechanism in place to conduct Q institutions which did not seem to possess the"bas'ie infrastructure the affiliating University for in Dharvvar region, the Karnatak A impleaded as a party to the _ease'.*--A_TThe appearance, was unable to 'under which over 30 it in the Dharwar regionghad by the State . The University was not this court on that count- hpointed out to the State Government; _'th.a't private educational institutions offering ?--Ciegr..ee courses required to be registered under of the Karnataka Educational _insti'tutions(Classiﬁcation and Registration) Rules. the State Government was called upon to how the aid continued to ﬂow to institutions V V 7.which were not so registered. 3 64 statutory force to the denial of grani;j,':'-~:'_"vvi'th retrospective effect, in so far as the petiitiioriersiiiare' concerned.

41. Further Sub~--rule-{2'}.._of Rulie 8 ilorthni' other aggrieved teaching and inembers of the institutions who of their appointment that they were 1' therefore the above sub~rul.e any responsibility to acknowledgneiltheir and to provide aid. This sought particulars as to the Grade Certiﬁcate of Assessment and _ Accredit_ationA by the National Assessment and Council in terms of Rule 15 of the ' Karnataka Education Institutions [Collegiate Education) rules, 2003 by the concerned institutions which were availing aid and the follow up action taken 5 67 "Rule 8. Grant--in--Aid -~ (1) All priVatefj..l_l'~V--_ educational institutions established or per--j;fI:1itt.eTo.i':hi:"' A to be established prior to the l987,and started functioning aea_dem.ie year 1987 -88 and onwards"t«a..and alsa colleges established:_"'~~u. be established with effee.t..,:'from_VVA of June 1987 shall grant--:in--

aid.

[2) Vaoant' _ and :ffAunai§p«:*oved posts of non-- 'V teachings.' on 1-3-2001 shall be permanlently'«-unaided. Any vacancies in the non--

(h)as arisen after 1-3-2001 Ion account of retirement , resignation, removal, V~:ldism'i«ssal and death etc., are to remain ' permanently unaided . Such vacancies which ' are unaided shall be filled by the management 8 Nag 68 and salary and other ailowances shall be paid from its own resources.

(3) Grant-in-aid cannot be claimed as a matter..'of..j: _ right."

According to the State Governinerrte1:jhis_.Rii1e'"gii{es:;_e expression to its policy decision of the year 11994,.-'as indicated in the Additional pVStatement..o'f-:Qbj..ections dated 16-12-2003. The 'é'dec'jegi'oi1'4provide aid appears to -_.bee;n'x'rnost of the petitioner égrarited permission to start about seven years prior thereto' institutions finding themselivesp déeiigiblé seek grant--in--aid had the competent authority in this regard. Her1~ce'--._it when the institutions intended to intr"o(1i:ce""additiona1 subject courses, which was the State Government the policy of the 5 72 the legislature and not the judiciary. Courts therefore, avoid interfering with the e§;'e--rcis'e:'cI"' * discretion by elected officers or its aim is the pursuit of policy. isn_ot..for'l judges to embark on offisocial, economic or political author says:

"The constitutional_stat«;1s':.Qf should not, however, excuse of policy decisions: indeed obliged to require the realm of high policy are within the scopet"0f""rlelevant power or duty and I-'ilarri.ve'd.{'at".by,the'standards of procedural fairness. The icourts».lndispl*ay reserve in impinging upon the substance_"of:policy decision, but even here they may .:fV'l'-lﬂegpitimately intervene if the decision is devoid of neasonlttland not properly justified. " The learned V further says: "Another ground for interference is where policy decisions may contain within them a % 73 legal or constitutional principle which is for the coiii'ts to safeguard. Likewise, where relevant intert:'sts«i..'i1a\%ev not been well represented and where th_ere.--l.:éi1fe'l~other_:ll reasons for confidence in capacity of the courts to can properly review the subsitanlicpe of the matter in question by S.A. de SIaiFh= lile 8 of the 2003 Rules" the same operates retrospectively' is ultra vires the Principal«. Act ei;CA.;-is concerned. It is to be accepted ﬁegifospectivity artificial, deeming a thing to be wh'af"l'ifVt.li Artificiality and make~belieVe are Hlgenerally vrepiignant to law as the servant of human So it follows that the courts apply the general .i"ll'~..__'presuiIiption that an enactment is not intended to 2 with ure.tro_s.p'ective effect that would arise for .A_col.nsiole~ration, but the timing of the policy decision 74 have retrospective effect. As always, the poWe:1f._4l_lof Parliament to produce such an effect Whereat l to do so is nevertheless undoubted.

52. The general presumptlolia A' - . only unless the contrary inte'ntio,n ar)pears°._= in Maxwell on the Inte1*pretati_o1i;.'of"-.Statnlt'eslVV in the following terms : V "it is a ilruleof that no statute . to have a . _' trnless such a construction in the terms of qr necessary and distinct V7 impl.icatiorr.,''''''v ._ the power of the State to legislate 75 and the effect of the Rule introduced with retrospective effect and the impact it has had petitioners which is to be addressed. The . that may also arise is whether the Riile ll enable the State to absolve itselfiof grant aid to institutions» the commencement of the': and conversely, that the to provide grant in admitted to grant. to do so as is apparentifrorn -is hence not in dispute that the State could, provide grant ----in --aid abocirtv ins'tit1,1tiC'1'1s in the State and not more, the This court has not been apprised __of position of the State as on date. ~-l«l'.j'jv»-Ejlowever; was urged by the counsel for the A "pe'titionners that the State is no longer in dire financial 'straits as was pleaded almost two decades ago and Z 76 that it has enough and more funds to splurge rich temples and Inutts in the State, as is ' trumpeted in the public domain.

53. it is to be noticed that ié.u1e 8 (ii 2003 Rules lays down that,Vlc.el'legesV.'With effect from June permanently "ineligible" [sic] Vfor petitioner institutions wanting in any respect government when it perrnitted the {commence the courses and appoint-rstaﬂ"IandV.' alsoéhaving granted permission v4.--veVery;yieari; to cor1tin_ue the courses thereafter. The such institutions were ineligible of introduction of additional subject

--._,'_j'jv.-vrccsurses " the year 1987 or later, is wholly it "'ine--xpl_icable and irrational. This is especially so when ':'_the~--\§rery institutions are admitted to grant and receive 5:

77

aid in respect other course studies commenced prior thereto.

54. The petitioners are also on firm _ having brought home the fact, nJow__adn'iitte.ti':v " it respondents, that out of 299 1'_A_'p~i9ivate1j,t:"p institutions atieast 49 were..:ii:AﬁQ2t__e1igible.,' 'year 2006. The State govvernpmepnt' take action and penalize those the grant in Vvrnade known whether this€.141V61'é'§~': again not made known to! that have rendered themselves"ineligible for continued provision of gran:i;~in>aid, sti!.lVcontinu.e to receive grant.

opinion of this court, as long as the State "Wash in a position to accommodate a certain %"--«.g__riumber ~~ of; institutions, for provision of grant~in-aid, .._there:p_shou1d be no impegment to accommodate the 81 un~aided posts of non--teaching staff, though were appointed prior to 1-3-2001 , in View (2) of Rule 8 of the 2oo3 Rules , hi.ive« qu_estiio_ne-dvplthexl3 Rule as being ultra Vires the_Karna'Eal{a Edpiicattionl and Articles 14 and 16 of the India.

58. The petitioners were all appointed; "oefore:=__ existing vacancies, posts as on the respective dajtesﬁ-vof_illtheiifappointment. The employer had sought-.f:or such appointments before 4_..the Rules" come into force. The competent V'autlii1ority,_v'ahowever seeks to place reliance on the aboxlé-fgaidi (2) to refuse approval . These very ._l_f;f..,petitioners; in WP 3734/2008, had approached this i '~--court_"e:arlier in WP 8010772002 and connected cases. '11' were disposed by common order dated 5--8~ 2005. This court had, by a considered order, 5 R2 highlighted the infirmity in the action of "the respondents and had directed the authorities'_ft'o_' reconsider the case of the said petition=':':1"."s.v..c:lV' V' respondents have mechanically re'pe'ai.ed_ the_ir'.earl--ierl7; stance. The question, therefore, vvhether the' can be made applicable in of made prior to 1-3--200'i:,'_"~:._ the Rule would indicate that the:As.a_rrie igijplied to the case of the posts to which they as on 1--3--2001, as the appointed. The posts were aided herefnre, it is inexplicable that the Q"c'oInpert'eIii:.rViatithoirities'seek to contend that the posts are deemed:gtoVl'b§"';racant as on 1-3-2001 merely on the 'V"footing__that afsdecision is taken not to grant approval it the 2{l03 Rules have come into force. Even if the 'isdoperated retrospectively it would hardly affect T "the"'petitioners. Hence theérespondents are bound to

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Karnataka High Court