Karnataka High Court
Karaumbaiahs Academy For Learning And ... vs State Of Karnataka on 8 September, 2017
Bench: Chief Justice, P.S.Dinesh Kumar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2017
PRESENT
THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE
CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
WRIT APPEAL NO.2262 OF 2017 (EDN-RES)
BETWEEN:
KARAUMBAIAH'S ACADEMY FOR
LEARNING & SPORTS
SITUATED AT P.BNO.23
KAIKERI, GONIKOPPAL
SOUTH COORG-571213
REPRESENTED BY ITS FOUNDER
TRUSTEE & CHAIRMAN
SRI. DATHA KARUMBAIAH
S/O LATE K N KARUMBAIAH
AGED ABOUT 55 YEARS
... APPELLANT
(BY SRI BASAVARAJU S., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY THE SECRETARY
DEPARTMENT OF EDUCATION
M S BUILDING
DR AMBEDKAR VEEDHI
BANGALORE-560001
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2. THE COMMISSIONER FOR
PUBLIC INSTRUCTION
DEPARTMENT OF PUBLIC INSTRUCTION
OFFICE OF THE COMMISSIONER
FOR PUBLIC INSTRUCTION
NRUPATUNGA ROAD
BANGALORE-560001
3. THE BLOCK EDUCATION OFFICER
SOUTH COORG
COORG DISTRICT-571 215.
4. UNION OF INDIA
BY THE PRINCIPAL SECRETARY
MINISTRY OF MINORITY AFFAIRS
PARIHARA BHAVAN
NEW DELHI-110 001.
... RESPONDENTS
(SRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL FOR
SRI.V.SREENIDHI, ADDL. GOVERNMENT ADVOCATE FOR R1-3
R4 - SERVED)
---
This Writ Appeal is filed under Section 4 of the High
Court Act, praying to set aside the order passed in
Writ Petition No.58877/2014 dated 27/1/17.
This appeal coming on for Orders this day, the Chief
Justice, delivered the following:
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ORDERS ON I.A. NO.1 OF 2017
After hearing Mr.Basavaraju S, learned advocate
appearing in support of the application for condonation of
delay in filing the appeal and Mr.A.S.Ponnanna, learned
additional advocate general appearing for the State
respondents, and considering the averments contained in the
affidavit annexed to the application for condonation of delay,
we are satisfied that the appellant was prevented by sufficient
cause from presenting the memorandum of appeal in time.
Therefore, the delay in filing the appeal is condoned.
The application for condonation of delay stands allowed.
We make no order as to costs.
JUDGMENT
The appellant in this appeal was the writ petitioner before the Hon'ble Single Judge. They run Educational Institutions and claim that they are either linguistic or religious minority institutions.
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2. The petitioner - appellant challenged the directions issued by the State Government to admit students under the Right of Children to Free and Compulsory Education Act, 2009 (in short "the RTE Act").
3. The Hon'ble Single Judge, disposed of a batch of writ petitions, directing the writ petitioners therein to make a representation to the authorities for declaration of their status. Till such time, it was directed to give admission to the extent of 25% per centum of the total strength by admitting the students recommended by the respective government under the RTE Act.
4. We have heard the learned advocate appearing for the appellant and Mr.A.S.Ponnanna, learned additional advocate general appearing for the State respondents.
5. The status of a party cannot be decided by the Court, as it involves factual determinations. -5-
6. We feel that when there is a National Commission for Minority Educational Institutions, constituted under the statute, the said authority must determine the status of the parties. We, therefore, grant liberty to the appellant to make their representation to the National Commission for Minority Educational Institutions, seeking for declaration of their status, be it linguistic or religious. Such representation shall be filed within four weeks from today.
7. If such a representation is made, the said Commission shall give an opportunity of hearing to all concerned in the matter and decide the case, by passing a reasoned and speaking order.
8. We request the Commission to determine the case of the appellant-institution, as expeditiously as possible, preferably within six months from the date of submission of such representation.
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9. We are empowering the Commission to decide the minority status, as we do not find any available authorities to determine the status of the minority institutions under the National Commission for Minority Educational Institutions Act, 2004.
10. Till such time, the operation of the order of the Hon'ble Single Judge shall remain stayed.
11. The Government of Karnataka shall not insist upon admission of 25% per centum of the total strength of the students, as recommended by them under the RTE Act, insofar as the appellant - institution is concerned.
12. With the above observations, this writ appeal is disposed of, by modifying the order of the Hon'ble Single Judge, as aforesaid.
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13. In view of disposal of the appeal, the pending interlocutory applications do not survive for consideration and are, also, disposed of.
14. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AHB