Karnataka High Court
Mr. Govindagiri S/O Shanmugam A.V. And ... vs The Government Of Karnataka ... on 10 October, 2006
Author: B.S. Patil
Bench: B.S. Patil
ORDER B.S. Patil, J.
Page 1173
1. As common questions of law and facts are involved in all these petitions they are clubbed, heard together and are disposed of by this common order.
2. The parents of the children studying in various standards from primary to 10th Standard have approached this Court challenging the Circular dated 10.07.2006 issued by the Deputy Director of Public Instructions.
3. By the impugned Circular the authorities have notified that while selecting the state team by arranging different sports competition, for the purpose of taking part in the national sports competition organised by the School Games Federation of India (for short 'SGFI), the schools coming within the jurisdiction of the Department of Public Instructions and which are governed by The provisions of the Karnataka State Education Act, 1983 (for short the Education Act) shall only be permitted and the schools having ICSE and CBSE syllabus which are not governed by the provisions of the Education Act are not permitted to take part in the sports competition at any stage.
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4. The grievance of the petitioners is that their wards excel in different sports namely Table Tennis, Lawn Tennis and Swimming and are capable of representing the State in National competition and that they have in fact, in the past, shown their ability to participate in the various Table Tennis Championships conducted by the State and also by the Table Tennis Federation of India, but by the impugned Circular the State authorities have excluded all the students studying in the schools having ICSE and CBSE syllabus from participating in these State level meets organised and conducted by the Department of Public Instructions of the Government of Karnataka thereby resulting in deprivation of opportunities to the students to participate in the sports competition and consequently to get the benefit of reservation in the sports quota for admission to different professional institutions or for that matter in appointments to Group-C and D posts under the State Government.
5. Sri B.K. Sampath Kumar, learned Counsel appearing for the petitioners has strenuously contended that the impugned Circular is in violation of Article 14 of the Constitution as it discriminates the students who are studying in various schools in the State of Karnataka having ICSE and CBSE syllabus from the students studying in the schools having State syllabus and controlled by the Department of Education. Government of Karnataka for the purpose of allowing them to take part in sports competitions, as all schools are established and run within the State of Karnataka and therefore it amounts to unreasonable classification resulting in hostile discrimination offending Article 14 of the Constitution.
6. The next contention is that as a result of the impugned Circular the wards of the petitioners would be deprived of job opportunities in the Railways and in the posts of Central Secretariat and also of reservation in admission to various professional courses. He has lastly contended that the SGFI has framed rules and bye-laws as per which an students studying in the schools located in the State of Karnataka are eligible to participate and hence the respondent-authorities have no power to prevent any student from participating in the competitions held by the SGFI.
7. The State Government has filed statement of objections resisting the prayer made in the writ petitions. Their main contentions are:
(i) That the district level sports meet is conducted for the students studying in the schools coining within the ambit of the Education Act. The State Government, in order to provide planned development in education and for maintaining and improving the standard of education in the entire organisation including development of mental and physical faculties of the students has passed the Act called the Karnataka Education Act which has received the assent of the President of India and has come into force with effect from 01.06.1995. The Education Act does not extend to the educational institutions affiliated or recognised by the Council of Indian School Certificate Examination (ICSE) and Central Board Secondary Education (CBSE).
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(ii) That Sections 3 and 7 of the Education Act pertain to prescription of curricula, syllabus and text books of the course. Further, Section 7(4) of the Education Act requires the State Government to provide training in sports, games, physical exercise and other arts. For enforcement of these objects enshrined under the Education Act with regard to sports activities for the students studying in 5th Standard to 10th Standard, State Government has constituted a Committee called Karnataka State Vidyarthi Kreeda Needhi Committee in order to encourage the sports. The said Committee has its own bye-laws. It enables the authorities to collect sports fund from the students which is known as Vidyarthi Kreeda Nidhi The primary school students are required to pay Rs. 5/- every year and the high school students are required to pay Rs. 15/- each year. There are Block Level, District Level, Zonal Level and State Level Committees constituted for the purpose of conducting sports meet at various levels. The Committees conduct the Sports and Games Meet in the School Level. Thereafter Taluk Level Sports Meet are conducted followed by District Level Sports Meet under the supervision of the Committees at each level. The winners of the Taluk Level will be sent to participate in the District Level Meet and the winners in the District Level will participate in the Divisional Level Meet and thereafter the State Level Meet is conducted by the State Level Committee. For conducting the Sports Meet, the Committee had to spend huge money. For the current year the budget estimated has been in a sum of Rs. 82 lakhs. The fund collected from the students was meant for incurring expenditure in this regard and no contribution has been made by the State. It is further contended that every year from the Kreeda Nidhi the State Committee has to pay affiliation fee in a sum of Rs. 30,000/- to the School Games Federation of India which will enable the Committee to take part in the competitions at the National Level under the aegis of the School Games Federation of India. For participation at the National Level, the entry fee required to be paid is Rs. 25/-.
(iii) That the schools having ICSE and CBSE syllabus have not given any contribution towards the sports fund. As huge money is involved in paying prize moneys towards expenditure for TA, DA and other sports facility to the students, it is necessary to collect fee compulsorily front the schools which are under the control and jurisdiction of the authorities of the Department of Public Instructions. The Department of Public Instructions has no control over the CBSE and ICSE schools as they are affiliated to their respective Boards and they follow different Central syllabus. Except issuing No Objection to start these institutions, The State Government has no control over the said institutions and they do not fell within the control of the authorities established and constituted under the provisions of the Education Act. No action can be taken by the Department of Public Instructions against these institutions for violating the directions or for not paying Page 1176 any contribution. Further, the CBSE and ICSE schools have not come forward with any request to the Committee to allow the students to include them to take part in the District level or State level meets in this regard.
(iv) That Kendriya Vidyalaya Sangatana and Navodaya Vidyalaya Sangatana are also conducting similar sports meet and are affiliated to the SGFI. None of the above two permit the State syllabus students to participate in the sports and games conducted by them nor the State Government permits the students of these institutions to take part in the competition arranged by them. Therefore, the students of CBSE and ICSE syllabus can as well participate in the sports meet conducted by the Kendriya Vidyalaya and Navodaya Vidyalaya which have the similar examination and syllabus prescribed and are conducted by the same bodies. If the CBSE and ICSE schools are permitted to take part in the sports meet conducted by the Committee of the Department, students from Kendriya Vidyalaya. Navodaya Vidyalaya, MEG institutions and other outside State syllabus schools which do not fall within the jurisdiction and ambit of the authorities under the Education Act would also come forward with similar request to permit their students to participate which would make it difficult for the Block level, District level and Divisional level authorities to organize the meet. It will also adversely affect the students who are studying in the schools which are coming under the jurisdiction of the Department of Public Instructions in Karnataka inasmuch as they have to compete with large number of students who cannot be characterised as similarly situated persons.
(v) That the students studying in CBSE and ICSE schools have opportunities to participate in sports meet conducted by various federations of which they are members. The Table Tennis Federation of India, All India Lawn Tennis Association and Swimming Federation of India are some of the Federations/Associations through which the students studying in these schools represent the State. In fact, the petitioners, on their own showing, are the members of the Table Tennis Federation and have represented Karnataka through Karnataka Table Tennis Association at the Table Tennis Federation of India which will entitle them to have the benefit of reservation under the sports quota. Whereas the students studying in the schools coming under the provisions of the Education Act who are largely studying in rural areas are not having any such opportunities to enlist themselves as members of these Associations and play games and are only contended with playing games only through the School Games Federation of India. Thus, in sum and substance, the contention of the Government Advocate is that the petitioners need not depend upon the sports meet conducted by the Karnataka State Vidyarthi Kreeda Nidhi Committee as they are members of the Table Tennis Federation of India and other such Federations through which they are entitled to represent the state and participate in the games at the state level and national levels.
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8. Having heard the learned Counsel for the parties and upon careful perusal of the entire materials placed before the Court, the question that fells for consideration is:
Whether the impugned circular, in so far as it confines the participation for the purpose of sports meet and competitions to the students studying in schools falling within the jurisdiction of the authorities under the Education Act excluding the students studying in CBSE and ICSE schools is illegal, being discriminatory and violative of Article 14 of the Constitution?
9. The Karnataka Education Act, 1983 has come into force w.e.f. 1.6.1995. The Act extends to the whole of State of Karnataka. It applies to all educational institutions and tutorials institutions in the State except specific institutions excluded therein including the educational institutions affiliated or recognised by the Council of Indian Schools Certificate Examination (ICSE) or Central Board Secondary Examination (CBSE). Thus it is clear that the provisions of the Education Act are not applicable to the schools affiliated to or recognised by the ICSE and CBSE. Section 7 of the Act contemplates prescription of curricula, syllabi and text books for the course among other things. Section 7(4) requires the State Government to provide training in sports, games, physical exercise and other arts. It is thus clear that under the provisions of the Education Act, the State is required to discharge its functions and duties both in the matter of the academic education and in the field of sports and physical education. There are various authorities who are saddled with certain obligations and functions under the provisions of the Act at block level, district level, zonal level and State level who are in charge of the twin objectives of imparting physical and academic education and its overall supervision and control.
10. The State Government has constituted a Committee called Karnataka State Vidhyarthi Kreeda Nidhi Committee. Pursuant to the same, bye-laws are framed regulating the constitution and functioning of the State Committee constituted in relation to Vidyarthi Kreeda Nidhi. Byelaw No. 4 deeds with the purpose and objects of the Kreeda Nidhi. It states that the students who are studying from 5th to 10th standards in schools coming within the jurisdiction of the Department of Public Instructions, Sports Meet are to be arranged at hobli to State level and to make provision to provide them training camps at different levels right from the hobli level to State level to send them to participate in the National Level Competitions. Clause 5 of the bye-law provides that every student studying from 5th standard in the schools coming within the jurisdiction of the Department of Public Instructions shall have to pay contribution of Re. 1 so far as primary students are concerned and Rs. 10 in so far as high school students are concerned to the Kreeda Nidhi and the said amount shall be recovered during the month of June. The amount so collected shall be called as Vidhyarthi Kreeda Nidhi and the same shall be kept in the joint names of the Commissioner and the Deputy Director of Public Instructions in the joint khatha. Clause 7 deals with the constitution of the State Committee Page 1178 and likewise the various other clauses in the bye-law deals with the powers and functions of the State Committee, the constitution of the District Level Committees, their powers and functions, the constitution of the Taluka Level Committees and their powers and functions. The payment of contribution is increased from Re. 1 to Rs. 5 in so far as the primary school students are concerned and Rs. 10 to Rs. 15 in so far as the high schools students are concerned by way of subsequent proceedings held by the Committee in the later meetings. Neither the proceedings of the Kreeda Nidhi Committee nor the bye-laws framed by the Committee are called in question in these writ petitions. It is relevant to note at this stage itself that on 09.06.2006 the State Level Committee of the Vidhyarthi Kreeda Nidhi held its meeting of its Executive Committee and in the proceedings drawn up, it has decided that for the year 2006-2007, if any school coming within the jurisdiction of the Department of Public Instructions fails to pay the contribution to the Kreeda Nidhi, steps have to be taken to recover the amount compulsorily including even suspending or withholding the recognition granted to such schools and in the case of aided schools to take such actions as are necessary to recover the funds/contributions for the Kreeda Nidhi. It is further made clear in the proceedings that the schools which are not coming within the jurisdiction of the Education Act such as ICSE and CBSE, the aforementioned directions issued are not applicable as the said schools do not fall within the ambit of the Education Act, 1983. These proceedings and the bye-laws referred to herein above are placed before the Court at the time of arguments by the learned Government Advocate.
11. It is clear from the bye-laws framed constituting the State Committee for the Kreeda Nidhi that its object is to conduct Sports Meet for schools that come within the purview and the jurisdiction of the Department of Public Instructions. Bach student studying in the schools coming within the control and jurisdiction of the Department of Public Instructions studying in 5th standard to 10th standard is required to pay the prescribed fee as contribution to the Kreeda Nidhi. The contribution is compulsorily payable and the authorities are enjoined with duties and obligations to collect this amount. The schools which fell to collect the amount from the students and to pay the same to the authorities are to face several coercive and penal consequences including withholding of recognition and such other measures. The conduct of the Sports Meet is by the authorities of the Department who constitute the Committees at different levels starting from the Block Level to the State Level.
12. It is not in dispute that the CBSE and ICSE schools do not fall within the jurisdiction, control and ambit of these authorities and no directions can be issued to these schools nor any coercive or penal action can be taken against them if they fail to pay the contribution towards the Kreeda Nidhi. In fact, the concept of this Kreeda Nidhi and the Sports Meet conducted by the various Committees from the Block Level to the State Level is confined only to the schools coming under the purview and control Page 1179 of the Department of Public Instructions. As one of its objectives is imparting training in physical education, the machinery provided under the Education Act is arranging these meets and competitions. The children studying in CBSE and ICSE schools cannot as of right claim that the competition shall be thrown open for them also. They cannot contend that their fundamental rights are violated by denying them an opportunity to participate in these Sports Meet because they do not fall in the same class of students controlled by the Department. The Department of Public Instructions cannot be forced to conduct these meets for the other schools which do not fall within its jurisdiction and control. The schools having ICSE and CBSE syllabus which fall outside the ambit, control and jurisdiction of the Education Act form a different class for this purpose. These students cannot claim similar treatment in the matter of conduct of the Sports Meet and competitions by the Department at various levels. Therefore, the argument advanced by the learned Counsel for the petitioners regarding violation of the fundamental rights under Article 14 is not tenable.
13. As lightly contended by the learned Government Advocate, the only class of students who have come before this Court are those who claim to be interested largely in Table Tennis competitions and some of them in Swimming and Lawn Tennis Competitions. They are entitled to represent the State in these competitions through the Table Tennis Federation of India, the All India Lawn Tennis Association and the Swimming Federation of India which are also the recognised institutions mentioned in Schedule II to the Rules framed by the State Government known as the Karnataka Selection of Candidates for Admission to Professional Institutions Rules, 2004 whereunder provisions are made for Sports Quota in favour of students who have participated in different meets or competitions conducted by the National Schools Federation of India and other Associations. The three federations referred to herein above are also enlisted as Associations through which the students can represent the State. In fact, many of the petitioners in the batch of writ petitions have admittedly represented the State through these Federations in the past. Therefore, the representation through the Kreeda Nidhi Committee and in the Sports meets and competitions arranged by the Department of Public Instructions is not the only mode or avenue for the students studying in CBSE and ICSE syllabus to take part and to represent the State. Therefore, it cannot also be said that these students are deprived of all opportunities to represent the State in different sports and competitions. Therefore, for that reason also, the contention urged by the learned Counsel for the petitioners stating that the petitioners are totally deprived of the benefit of reservation towards sports quota cannot be entertained.
14. The impugned Circular pertains to the sports meet to be conducted for the year 2006-2007 by the Department of Public Instructions. A reference is made in the said Circular to the Circular issued by the Commissioner on 09.06.2006. It is clear from the impugned Circular Page 1180 that instructions are issued to collect the contribution to the Kreeda Nidhi from the students in each school and the Block Education Officer is instructed to conduct and complete the competitions as per the sports calendar issued under his supervision. They are also instructed to prepare the budgetary estimate of the income and expenditure in this regard and obtain approval of the Deputy Director of Public Instructions. Along with these instructions, in Clause 5 of the impugned Circular, instructions are issued to the concerned officials that the schools coming within the jurisdiction and control of the Education Act alone are permitted to participate and those which do not come within the purview of the Act namely the schools having ICSE and CBSE syllabus shall not be permitted. Therefore, no exception can be taken to the impugned Circular as it is in keeping with the objectives contained under the provisions of the Education Act whereunder there is an obligation cast to provide training for Physical Education and in that regard steps are taken to conduct Sports Competitions and Sports Meets by the Department of Public Instructions for which expenditure is met out of the Kreeda Nidhi Fund. It is further relevant to note here that none of the CBSE schools in the State of Karnataka have approached this Court seeking any direction to the authorities to provide this facility to the children undergoing education and training in their schools. This also assumes significance in the background of the fact that a stand is taken by the State Government stating that these schools have not come forward to make necessary contribution to the Fund.
15. Further, the fact that in the past sports meet was conducted by the State for CBSE and ICSE students cannot be a ground to quash the impugned circular. Similarly, what is followed in Tamil Nadu cannot also come to the aid of the petitioners.
16. Be that as it may, as already adverted to above, the petitioners cannot claim that they are similarly placed and are meted out with hostile discrimination. They fall in a totally different class not governed by the provisions of the Education Act nor controlled by the authorities who are constituted to supervise the functioning of the schools nor the compulsory measure of collecting funds for the Kreeda Nidhi can be enforced by the authorities against these schools and against children studying therein.
In view of the above and for the foregoing reasons, the petitions filed cannot be entertained and the relief sought cannot be granted. Petitioners are therefore dismissed.
No costs.