Karnataka High Court
Venkatesha Educational Society (Regd) vs State Of Karnataka on 5 June, 2018
Author: Vineet Kothari
Bench: Vineet Kothari
1/12
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 5th DAY OF JUNE 2018
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
W.P.Nos.11986-987/2014
C/W
W.P.Nos.12651-652/2014, W.P.Nos.12653-
654/2014 W.P.Nos.12851-852/2014,
W.P.Nos.13223-224/2014, W.P.Nos.10844-
845/2014, W.P.Nos.13583-585/2014 (EDN-RES)
W.P.NOs.11986-987/2014
BETWEEN:
1. VENKATESHA EDUCATIONAL SOCIETY (REGD)
A SOCIETY REGISTERED
UNDER THE PROVISIONS
OF THE KARNATAKA SOCIETIES
REGISTRATION ACT,1960
HAVING ITS OFFICE AT NO.19
HUTCHINS ROAD CROSS
ASHOKA ROAD, ST. THOMAS TOWN
BANGALORE-560 084
REPRESENTED BY ITS SECRETARY &
CORRESPONDENT
DR. M.J. MOHAN
S/O LATE DR. M.V. JAYARAMAN
AGED 50 YEARS.
2. MVJ MEDICAL COLLEGE AND RESEARCH HOSPITAL
CHANNASANDRA, DANDUPALYA
KOLATHUR POST
NATIONAL HIGHWAY-4, HOSKOTE
BANGALORE-562 114
Date of Order 05-06-2018 W.P.Nos.11986-987/2014 & Connected Matters
Venkatesha Educational Society (Regd) & Ors.
Vs. State of Karnataka
2/12
REPRESENTED BY ITS PRINCIPAL
AVM (RETD) T S RAGHURAMAN
S/O LATE T.V. SUBRAMANYA
AGED ABOUT 65 YEARS.
... PETITIONERS
(By Mr. AKASH SHETTY, ADV., FOR
Mr. N.R. BHASKAR, ADV.,)
AND:
STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
HEALTH & FAMILY WELFARE DEPARTMENT
(MEDICAL EDUCATION)
VIKASA SOUDHA, VIDHANA VEEDHI
BANGALORE-560 001.
... RESPONDENT
(By Ms. PRAMODHINI KISHAN, AGA FOR C/RESPONDENT)
THESE W.Ps. ARE FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE AND STRIKE
DOWN THE G.O. DATED 10.7.2013 VIDE ANN-A AND THE
NOTICE DATED 12.2.2014 VIDE ANN-A1 ISSUED BY THE
RESPONDENT AS UNCONSTITUTIONAL, WITHOUT
JURISDICTION AND AUTHORITY OF LAW & ETC.
W.P.Nos.12651-12652/2014
BETWEEN:
1. MOOGAMBIGAI CHARITABLE AND EDUCATIONAL TRUST
A CHARITABLE EDUCATIONAL TRUST
HAVING ITS ADMINISTRATIVE
OFFICE AT RR MEDICAL COLLEGE
NO.202, KAMBIPURA COLLEGE CAMPUS
MYSORE ROAD, BANGALORE 560074
Date of Order 05-06-2018 W.P.Nos.11986-987/2014 & Connected Matters
Venkatesha Educational Society (Regd) & Ors.
Vs. State of Karnataka
3/12
REP. BY ITS TRUSTEE AND EXECUTIVE
DIRECTOR, SHRI VIJAYANAND, AGED 31 YEARS
S/O G. SHANMUGAM.
2. RAJARAJESWARI MEDICAL COLLEGE AND HOSPITAL
CAMPUS AT NO.202, KAMBIPURA
MYSORE ROAD, BANGALORE 560074
ALSO REP. BY ITS EXECUTIVE DIRECTOR
SHRI VIJAYANAND, AGED 31 YEARS
S/O G. SHANMUGAM.
... PETITIONERS
(By Mr. AKASH SHETTY, ADV., FOR
Mr. N.R. BHASKAR, ADV.,)
AND:
STATE OF KARNATAKA
REP. BY ITS SECRETARY
HEALTH & FAMILY WELFARE DEPARTMENT
(MEDICAL EDUCATION)
VIKASA SOUDHA, VIDHANA VEEDHI
BANGALORE 560001.
... RESPONDENT
(By Ms. PRAMODHINI KISHAN, AGA FOR C/RESPONDENT)
THESE W.Ps. ARE FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE AND STRIKE
DOWN THE G.O. DATED 10.7.2013 VIDE ANN-A AND THE
NOTICE DATED 12.2.2014 VIDE ANN-A1 ISSUED BY THE
RESPONDENT, AS UNCONSTITUTIONAL, WITHOUT
JURISDICTION AND AUTHORITY OF LAW & ETC.
W.P.Nos.12653-654/2014
BETWEEN:
1. SRINIVASA TRUST
A CHARITABLE EDUCATIOAL TRUST
Date of Order 05-06-2018 W.P.Nos.11986-987/2014 & Connected Matters
Venkatesha Educational Society (Regd) & Ors.
Vs. State of Karnataka
4/12
HAVING ITS OFFICE AT NO.7/21
1ST CROSS, 9TH MAIN, RMV EXTENSION
BANGALORE-560080
REP. BY ITS AUTHORISSED SIGATORY
SMT. KALPAJA
AGED ABOUT 42 YEARS
D/O LATE D.K. AUDIKESAVULU.
2. VYDEHI INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTRE
CAMPUS AT NO.82, EPIP AREA
WHITEFIELD, BANGALORE-560066
ALSO REP. BY ITS PRINCIPAL DR. G. PRABHAKAR
AGED ABOUT 62 YEARS
S/O SHRI. G. VENKATASWAMY.
... PETITIONERS
(By Mr. AKASH SHETTY, ADV., FOR
Mr. N.R. BHASKAR, ADV.,)
AND:
STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
HEALTH AND FAMILY WELFARE DEPARTMENT
(MEDICAL EDUCATION)
VIKASA SOUDHA, VIDHANA VEEDHI
BANGALORE-560001.
... RESPONDENT
(By Ms. PRAMODHINI KISHAN, AGA FOR C/RESPONDENT)
THESE W.Ps. ARE FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE & STRIKE
DOWN THE G.O. DT.10.7.2013 VIDE ANNX-A & THE NOTICE
DT.12.2.2014, VIDE ANNX-A1 ISSUED BY THE RESPONDENT, AS
UNCONSTITUTIONAL, WITHOUT JURISDICTION & AUTHORITY
OF LAW & ETC.
Date of Order 05-06-2018 W.P.Nos.11986-987/2014 & Connected Matters
Venkatesha Educational Society (Regd) & Ors.
Vs. State of Karnataka
5/12
W.P.Nos.12851-852/2014
BETWEEN
1. A. SHAMARAO FOUNDATION
A CHARITABLE EDUCATIONAL TRUST
HAVING ITS CORPORATE OFFICE
AT GANAPATHI HIGH SCHOOL ROAD
MANGALORE 575001
REPRESENTED BY ITS VICE PRESIDENT
SHRI SRINIVAS RAO
AGED 47 YEARS
SON OF A. RAGHAVENDRA RAO.
2. SRINIVASA INSTITUTE OF MEDICAL SCIENCE
AND RESEARCH CENTRE
CAMPUS AT SRINIVAS NAGAR
MUKKA, SURATHKAL, MANGALORE 574146
REP. BY ITS VICE PRESIDENT
SHRI SRINIVAS RAO
AGED 47 YEARS
SON OF A. RAGHAVENDRA RAO.
... PETITIONERS
(By Mr. AKASH SHETTY, ADV., FOR
Mr. N.R. BHASKAR, ADV.,)
AND:
STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
HEALTH & FAMILY WELFARE DEPARTMENT
(MEDICAL EDUCATION)
VIKASA SOUDHA, VIDHANA VEEDHI
BANGALORE-560001.
... RESPONDENT
(By Ms. PRAMODHINI KISHAN, AGA FOR C/RESPONDENT)
THESE W.Ps. ARE FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARING AND
STRIKING DOWN THE G.O. DTD.10.7.2013, VIDE ANNEX-A AND
Date of Order 05-06-2018 W.P.Nos.11986-987/2014 & Connected Matters
Venkatesha Educational Society (Regd) & Ors.
Vs. State of Karnataka
6/12
THE NOTICE DTD.12.2.2014, VIDE ANNEX-A1, ISSUED BY THE
RESPONDENT, AS UNCONSTITUTIONAL, WITHOUT
JURISDICTION AND AUTHORITY OF LAW & ETC.
W.P.Nos.13223-224/2014
BETWEEN:
1. NAVODAYA EDUCATION TRUST
A CHARITABLE EDUCATIONAL TRUST
FLAT NO.143, 4TH FLOOR, SURYAMUKHI
21, GARDEN APARTMENTS
VITAL MALYA ROAD
BANGALORE-560001
REP. BY ITS TRUSTEE AND CHAIRMAN
SHRI. S. RAJENDER REDDY, AGED 49 YEARS
S/O LATE S. RAJESWARA REDDY.
2. NAVODAYA MEDICAL COLLEGE
FLAT NO.143, 4TH FLOOR, SURYAMUKHI
21, GARDEN APARTMENTS, VITAL MALYA ROAD
BANGALORE-560001
REPRESENTED BY ITS PRINCIPAL
DR. B. VIJAYACHANDRA
AGED 60 YEARS
S/O LATE G. BALAKRISHNA.
... PETITIONERS
(By Mr. AKASH SHETTY, ADV., FOR
Mr. A. LOBO & Mr. B.M. ARUN, ADVS.,)
AND:
STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
HEALTH & FAMILY WELFARE
DEPARTMENT (MEDICAL EDUCATION)
VIKASA SOUDHA, VIDHANA VEEDHI
BANGALORE-560001.
... RESPONDENT
(By Ms. PRAMODHINI KISHAN, AGA FOR C/RESPONDENT)
Date of Order 05-06-2018 W.P.Nos.11986-987/2014 & Connected Matters
Venkatesha Educational Society (Regd) & Ors.
Vs. State of Karnataka
7/12
THESE W.Ps. ARE FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE AND STRIKE
DOWN THE G.O. DATED 10.7.2013 VIDE ANN-A AND THE
NOTICE DATED 12.2.2014 VIDE ANN-A1 ISSUED BY THE
RESPONDENT, AS UNCONSTITUTIONAL, WITHOUT
JURISDICTION AND AUTHORITY OF LAW & ETC.
W.P.Nos.10844-845/2014
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. SAPTHAGIRI INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTRE
NO.15, CHIKKASANDRA
HESARAGHATTA MAIN ROAD
BANGALORE-560 090.
REPRESENTED BY ITS PRINCIPAL
DR. C. M. RAMESH.
... PETITIONERS
(By Mr. AKASH SHETTY, ADV., FOR
Mr. ARJUN RAO, ADV., FOR P1 & P2)
AND:
1. STATE OF KARNATAKA
BY ITS UNDER SECRETARY
HEALTH AND FAMILY WELFARE DEPARTMENT
VIKASA SOUDHA, BANGALORE-560001.
Date of Order 05-06-2018 W.P.Nos.11986-987/2014 & Connected Matters
Venkatesha Educational Society (Regd) & Ors.
Vs. State of Karnataka
8/12
2. STATE OF KARNATAKA
MEDICAL EDUCATION DEPARTMENT
VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI
BANGALORE-560001
REP. BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT.
... RESPONDENTS
(By Ms. PRAMODHINI KISHAN, AGA FOR C/RESPONDENT)
THESE W.Ps. ARE FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE
/ ORDER DATED 12.2.2014 VIDE ANN-A. GRANT AN INTERIM
ORDER TO STAY THE NOTICE / ORDER DATED 12.2.2014 VIDE
ANN-A AND ALL FURTHER PROCEEDINGS THERETO PURSUANT
TO THE SAID NOTICE.
W.P.Nos.13583-585/2014
BETWEEN:
1. LAXMI MEMORIAL EDUCATION TRUST
O/A KUNTIKANE
NH-17, MANGALORE - 575004
REP. BY ITS TRUSTEE / CHAIRMAN
MR. A.J. SHETTY
AGED ABOUT 70 YEARS
S/O LATE SANKAPPASHETTY
(BENEFITS OF SENIOR CITIZENSHIP NOT CLAIMED).
2. A.J. INSTITUTE OF MEDICAL SCIENCES
O/A KUNTIKANE
NH-17, MANGALORE 575004
REP. BY ITS PRINCIPAL & DEAN
DR. RAMESH PAI
AGED ABOUT 66 YEARS
S/O LATE M. BALAKRISHNA BABA PAI
(BENEFITS OF SENIOR CITIZENSHIP NOT CALIMED).
3. MR. A.J. SHETTY
AGED ABOUT 70 YEARS
S/O LATE SANKAPPASHETTY
Date of Order 05-06-2018 W.P.Nos.11986-987/2014 & Connected Matters
Venkatesha Educational Society (Regd) & Ors.
Vs. State of Karnataka
9/12
TRUSTEE-LAXMI MEMORIAL EDUCATION TRUST
O/A. BALAMATTA
MANGALORE 575004
(BENEFITS OF SENIOR CITIZENSHIP NOT CLAIMED).
... PETITIONERS
(By Ms. FARAHA FATHIMA, ADV., FOR
SHETTY & HEGDE ASSTS)
AND:
STATE OF KARNATAKA
(DEPARTMENT OF HEALTH AND FAMILY WELFARE)
(MEDICAL EDUCATION DEPARTMENT)
(PRINCIPAL SECRETARY TO GOVERNMENT
DEPT. OF HIGHER EDUCATION)
VIKASA SOUDHA, BANGALORE 560001
REP. BY ITS SECRETARY.
... RESPONDENT
(By Ms. PRAMODHINI KISHAN, AGA FOR C/RESPONDENT)
THESE W.Ps. ARE FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARING THAT
THE CONDITIONS 1 TO 7 STIPULATED UNDER GRANT OF
MINORITY STATUS UNDER GOVERNMENT ORDER DATED
30.07.2002 IS VOILATIVE OF ARTICLE 30 OF CONSTITUTION OF
INDIA AND CONTRARY TO THE JUDGMENT PASSED IN TMA
PAI?S CASE AND P.A INAMDARS CASE. THE CONDITIONS ARE
HEREUNDER: (1) THE MANAGEMENT BOARD SHALL FILL 35%
MINORITY QUOTA SEATS OF TH ADMISSIONS TO EACH
COURSE OF THE MANAGEMENT BOARD FROM TULU
LINGUISTIC MINORITY STUDENTS RESIDING AT THE STATE OF
KARNATAKA & ETC.,
THESE W.Ps. COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-
Date of Order 05-06-2018 W.P.Nos.11986-987/2014 & Connected Matters
Venkatesha Educational Society (Regd) & Ors.
Vs. State of Karnataka
10/12
ORDER
Mr. Akash Shetty, Adv. for Mr. Arjun Rao, Mr. N.R. Bhaskar, Adv.
Mr. A. Lobo & Mr. B.M. Arun, Adv.
Ms. Faraha Fathima, Adv. for Shetty & Hegde Assts. for Petitioners Ms. Pramodhini Kishan, AGA for Respondents Facts are illustrally taken from W.P.Nos.11986-87/2014 (Venkatesha Educational Society (Regd) and Another -vs- State of Karnataka).
2. The petitioner No.1-Institution claiming the status of linguistic minority have filed these writ petitions in this Court aggrieved by the order dated 10.07.2013 Annexure-A canceling the recognition for the Academic Year 2013-14 on the ground that the petitioner No.1-Insitutition failed to admit sufficient number of students of linguistic minority in their Institution and for the further academic years, the petitioner-Institution was served with the notice vide Annexure-A1 on 12.02.2014 as to why such linguistic minority status may not be denied to them.
Date of Order 05-06-2018 W.P.Nos.11986-987/2014 & Connected Matters Venkatesha Educational Society (Regd) & Ors.
Vs. State of Karnataka 11/12
3. The petitioner No.1-Institution and the petitioner No.2-Medical college and Research Hospital are said to have filed their responses to the objections before the concerned authority namely the Under Secretary to the Government of Karnataka, Health and Family Welfare Department (Medical Education). The said issue for further Academic Years has admittedly so far been not decided by the said Under Secretary.
4. Having heard the learned counsels, this Court is of the opinion that these writ petitions are infructuous in so far as the status of the petitioner-Institution for the Academic Year 2013-14 is concerned, admissions for that Academic Year have taken place long back. However, in so far as the future Academic Years are concerned, since it is open to the petitioners to satisfy the concerned authority with the relevant evidence and data that they are entitled to claim the said status of linguistic minority institution, Date of Order 05-06-2018 W.P.Nos.11986-987/2014 & Connected Matters Venkatesha Educational Society (Regd) & Ors.
Vs. State of Karnataka 12/12 this Court need not interfere at this stage. Notice has been given to the petitioner No.2-Mecial College and Research Hospital in this regard. It is for the concerned authority to decide the case of the petitioner for such status in accordance with law, after giving an opportunity of hearing.
5. With the above observations and directions, these writ petitions are disposed of with a liberty and direction to the petitioners to approach the concerned authority namely the Under Secretary of the said Department with relevant evidence and data. The petitioners may appear before the concerned authority in the first instance on the 2nd July, 2018 and a period of three months is allowed to the said concerned authority to consider and decide the matter in accordance with law. No costs.
Sd/-
JUDGE TL