Karnataka High Court
Al-Here Education Society vs Director Of Urdu & Other on 27 March, 2018
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF MARCH, 2018
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
W.P.No.83375/2010 (EDN-REG-P)
Between:
Al-Hera Education Society
By its President
Md. Masiheuddin
S/o Md Naseruddin
Age about 45 years, R/o Bidar
... Petitioner
(By Sri Chaitanyakumar Chandriki, Advocate)
And:
1. Director of Urdu & Other
Minority Language School
New Public Office
K.R. Circle, Bangalore
2. Commissioner, Public Education
Department, Gulbarga
3. Deputy Director of Public Instruction
Bidar
4. Block Education Officer
Bidar
... Respondents
(By Sri K.M Ghate, AGA)
2
This Writ Petition is filed under Articles 266 & 227 of
the Constitution of India, praying to issue a writ of certiorari
thereby quashing the impugned order dated 02.07.2010
passed by the 2nd respondent in No:C4(6) C5/Alpha Sankayt
ghosane-27/2004-05 at Annexure-N and the order issued by
the 3rd respondent dated 23.07.2010 in No:
G2/KHA.PRA.SHA/Anumati/64/2010-11/2315 at Annexure-P
and another order issued by the 3rd respondent dated
23.07.2010 in No: G2:KHA.PRA.SHA.ANU:64:2010-11/2381
produced as at Annexure-Q to the writ petition.
This petition is coming on for preliminary hearing in
'B' group this day, the Court made the following:-
ORDER
The petitioner is said to be an Educational Society running under the banner of Al-Hera Education Society, registered under the provisions of Societies Registration Act. However, the registration certificate is not produced in this proceeding.
2. It is stated that the said Educational Society is running two Urdu Higher Primary Schools, one by name Al-Maqhdoom Higher Primary School, Chidri Road, Bidar and another by name Khaja-E-Khajagan said to be in Shaik Noor Samdani Colony Road, Faizapur, Bidar.
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3. It is the case of the petitioner that both the schools are running from 1985-86, commencing from 1st standard and it has gradually increased upto 7th standard and presently running the school from 1st to 7th standard with total strength of more than 304 students as per Annexure-E, filed along with the writ petition.
4. The grievance of the petitioner is that the said Schools were inspected on 05.01.2008 as per the report of Education Officer attached to the Office of Deputy Director of Public Instructions, Bidar. The Deputy Director (Administration), Public Instructions Department, Bidar issued post-facto approval to both the schools run by the petitioner's Society for the academic year 1985-86 to commence from 1st standard, likewise to commence 2nd standard for the academic year 1986-87, to commence 3rd standard for the academic year 1987-88, to commence 4th standard for 4 the academic year 1988-89, to commence 5th standard for the academic year 1989-90, to commence 6th standard for the academic year 1990-91 and to commence 7th standard for the academic year 1991-92 without any aid from the department. The said approval is post-facto approval in the aforesaid report and the same was also ordered to be renewed subject to certain condition referred to in Order No.f2/SÁ¥Áæ±Á/C£ÀÄ/M¼À/07-08 dated 06.01.2018.
5. The said order is said to be withdrawn on the ground that order dated 06.01.2008 is issued on a Sunday and same is not issued in the official capacity by the Officer who has issued the said order and it is an order, which was issued contrary to the Rules governing the issuance of approval under the Karnataka Education Act, 1983. Consequently, the said approval and as well as renewal were sought to be cancelled giving 15 days time to suitably reply to the said notice. 5 While doing so, the status of minority institution provided to the petitioner's Society is also recalled.
6. Being aggrieved by the same, the present writ petition is filed seeking to quash the order which is at Annexure-N bearing No.¹4(6)¹5/C®à¸ÀASÁåvÀ WÉÆõÀuÉ-27/2004-05 where the order issued in recognizing the institution run by the petitioner's Society as minority education institution is recalled and vide Annexure-P bearing No.f2/SÁ.¥Áæ.±Á/C£ÀĪÀÄw/64/2010-11/2315 is issued in recalling the post-facto approval /recognition given to the institution run by the petitioner's society and also the order bearing No.f2/SÁ.¥Áæ.±Á/C£ÀĪÀÄw/64/2010-11/2381 which is with reference to a direction given to the Education Officer, Bidar to close the aforesaid institutions which are at Annexures-N, P and Q, respectively.
7. In this proceedings, after service of notice, respondent Nos.1 to 4, namely, Director of Urdu & 6 Other Minority Language School, Commissioner, Public Education Department, Gulbarga, Deputy Director of Public Instruction, Bidar and Block Education Officer, Bidar have entered appearance through learned Additional Government Advocate and they have filed a detailed objection statement along with a report secured from a Committee of six persons which was constituted to look into the location, management, students strength, facilities available to the said schools, which are run by the petitioner herein. Among the Committee of six persons who were appointed are namely,
i) Education Officer attached to the Office of Deputy Director of Public Instructions, Bidar, ii) District Co- ordinate Officer of National Education Commission under Sikshana Abhiyana, Bidar, iii) Subject Inspector attached to the office of Deputy Director of Public Education, Bidar, iv) Education Co-ordinater, Urdu Deputy Director Office, Department of Public Instructions, Bidar, v) Superintendent, Office of Deputy 7 Director, Public Instructions Department and vi) Second Division Assistant, Office of Deputy Director, Public Instructions Department, Bidar.
8. The report submitted by them would clearly indicate that in a place which is shown where the Urdu Higher Primary Schools run by the petitioner's Society in the name of Khaja-E-Khajagan situated at Shaik Noor Samdani Colony Road Faizapura, Bidar and Al- Maqhdoom situated at Chidri Road, Bidar. Besides these schools, there is also a Mdrasa, which is run without seeking necessary approval. The documents of approval available with the petitioner are created at the instance of three officers of Education Department, namely, Sri. M. Devanand, the then Deputy Director of Public Instructions, Bidar, Sri. Sidramappa Bilwar, the then Block Education Officer and Sri. Abdul Gani, Subject Inspector. Based on their false report, the post facto approval was given on 06.01.2008. In the said 8 approval the strength of the school is shown as 304 as on 22.11.2007 and that there are sufficient number of teachers and all the facilities are available to locate and run the schools as contemplated under Sections 30 and 31 of the Karnataka Education Act, 1983 and also under the relevant provisions of the Right of Children to Free and Compulsory Education Act, 2009 and Rules framed thereunder in the year 2010.
9. But the said report is proved to be wrong in the report now furnished by the aforesaid six persons, which is filed into the Court on 02.12.2016. In fact as the preamble to the report itself would state that the said Committee was constituted pursuant to the order passed by this Court on 23.11.2016, which is communicated to them by the Deputy Director (Administration) by order dated 23.11.2016 and on 01.12.2016. The said report which is accompanied by 33 photographs would clearly show the pathetic 9 situation of the schools and as well as the strength of the school which is contrary to what is stated in the writ petition and as well as in the doctored report which was filed by the aforesaid three officers in the year 2007.
10. The 2016 report submitted to this Court would indicate that from the year 1985-86 to this day, the entire document is constructed in such a way that the same would be convenient for issuance of post facto approval on 23.07.2010 and also to declare the said school as minority institution. The said report would also indicate that the number of teachers who are available to the schools is not sufficient to run the said schools and reports are submitted in the form of Xerox copies and the originals are not produced. The names of the students as shown in the Khaja-E-Khajagan Higher Primary School is totally reconstructed taking the names of the student of Hajrat Peerpani Higher Primary School of Bidar and the examination result of the 10 student of the said school for the year 2002 and 2003 is shown as the examination report of the students of Khaja-E-Khajgan.
11. With reference to the basic amenities of Khaja-E-Khajgan School is concerned, though the entire school is situated in a piece of land measuring to an extent 28 x 38 Sq. ft and the size of the each class is measuring 5 x 7 Sq. ft. with zinc sheet roof and zinc sheets partition in dividing one room from another room. So far as Al-Maqdoom Higher Primary School is concerned, there are seven class rooms, measuring 14 x 10 Sq. ft and the basic infrastructure is totally lacking. It is also stated on the day when the inspection was done in Khaja-E-Khagan Higher Primary School at Samdani Colony, Bidar though 25 students are said to be present in the attendance book, only one student was available for the entire school. So far Al-Maqhdoom Higher Primary School is concerned, though it is stated 11 152 students have attended the school on that day, only 85 students were there in the said building where besides Khaja-E-Khajagan and Al-Maqhdoom Schools, there is also a Madrsa being run in the said school. It is also shown that there is only one toilet room, which is not in a fit condition to be used. In fact, all these observations made in the report are supported by 33 photographs, out of that one photo is with reference to the toilet which clearly shows that the said toilet has never seen water from the day it is built.
12. With reference to the classwise strength which was published in the said school which is shown in the photograph would show that in the 1st standard the strength of students is 07, liekwise in the 2nd standard the strength is 02, in the 3rd standard the strength is 03, in the 4th standard the strength is 04, in the 5th standard the strength is 02, in the 6th standard the strength is 03 and in the 7th standard the strength 12 is 05, which is said to be the total strength and the number of students present were far less than that. All these clearly indicate that the petitioner's Society has no intention of either running schools under the banner of minority institution to protect the interest of persons belonging to minority community nor it has any interest in running the schools with basic infrastructure and other facilities required in dispensing education to the needy students.
13. The manner in which the post facto approval is taken by the petitioner's Society on 06.01.2008 based on the report of the aforesaid three officers would clearly indicate that the order for approval of the school and its renewal and as well as for securing minority status is a manipulated order, without following the procedure that is required to be considered in accordance with the Karnataka Education Act, 1983 and as well as the provisions of Right of Children to Free and Compulsory 13 Education Act, 2009 and Rules framed thereunder in the year 2010.
14. In this background and also in the light of the report, it is clearly seen that the order passed by the respondents in canceling the post fact approval granted to the said schools by order dated 23.07.2010 and prior to that withdrawing minority status given to it by order dated 02.07.2010 directing the Education Officer, Bidar to take necessary steps to close the aforesaid institution appears to be just and proper and does not call for any interference in this writ petition.
Accordingly, this writ petition is dismissed.
Sd/-
JUDGE BL Ct: RRJ