Karnataka High Court
National Education Trust vs National Commission For 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 NOS.1067-1074 OF 2017 (EDN-RES)
IN W.A. NOS.1067 TO 1070 OF 2017
BETWEEN:
1. NATIONAL EDUCATION TRUST
NO.CA, 13TH MAIN ROAD
HAL II STAGE, INDIRANAGAR
BANGALORE - 560 038
REPRESENTED BY ITS TRUSTEE
SRI.DR.K.P.GOPALAKRISHNA
2. NATIONAL PUBLIC SCHOOL
NO.CA, 13TH MAIN ROAD
HAL II STAGE, INDIRANAGAR
BANGALORE - 560 038
REPRESENTED BY ITS PRINCIPAL
SRI.DR.K.P.GOPALAKRISHNA
3. NATIONAL PUBLIC SCHOOL
NATIONAL GAMES VILLAGE COMPLEX
80 FEET ROAD, KORAMANGALA,
BANGALORE - 560 047
REPRESENTED BY ITS CHAIRMAN
SRI.DR.K.P.GOPALAKRISHNA
4. NPS INTERNATIONAL SCHOOL
NO.21, ANJANADRI ROAD
VIJAYNAGAR 4TH STAGE, 2ND PHASE
MYSORE-570018
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REPRESENTED BY ITS CHAIRMAN
SRI.DR.K.P.GOPALAKRISHNA
... APPELLANTS
(BY SRI S.M.CHANDRASHEKAR, SENIOR ADVOCATE FOR
SRI. ASHWIN CHIKKAMATH, ADVOCATE)
AND
1. NATIONAL COMMISSION FOR
MINORITY EDUCATIONAL INSTITUTIONS
GOVERNMENT OF INDIA
GATE NO.4, 1ST FLOOR
JEEVAN TARA BUILDING
5, SANSAD MARG, PATEL CHOWK
NEW DELHI-110 001
REPRESENTED BY ITS
DEPUTY SECRETARY
2. MINISTRY OF HUMAN RESOURCE DEVELOPMENT
GOVERNMENT OF INDIA
DEPARTMENT OF SCHOOL EDUCATION
EE-15 SECTION, SHASTRI BHAVAN
NEW DELHI-110001
REPRESENTED BY ITS SECRETARY
3. KARNATAKA GOVERNMENT DIRECTORATE OF URDU
AND OTHER MINORITY LINGUISTIC SCHOOLS,
K.R.CIRCLE,
BANGALORE-560 001.
REPRESENTED BY
THE DEPUTY DIRECTOR (ADMINISTRATION)
DEPARTMENT OF PUBLIC INSTRUCTIONS
BANGALORE SOUTH DISTRICT
BANGALORE-560 001
4. DEPARTMENT OF PUBLIC INSTRUCTION
GOVERNMENT OF KARNATAKA,
K.R.CIRCLE,
BANGALORE-560001.
REPRESENTED BY ITS SPECIAL OFFICER,
UNDER SECRETARY AND
EX-OFFICIO TO GOVERNMENT
... RESPONDENTS
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(SRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL ALONG
WITH SRI.V.SREENIDHI, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.3 AND 4
RESPONDENT NOS.1 AND 2 - SERVED)
IN W.A. NOS.1071 TO 1074 OF 2017
BETWEEN:
1. NATIONAL EDUCATION TRUST
NO.CA, 13TH MAIN ROAD
HAL II STAGE, INDIRANAGAR
BANGALORE-560038
REPRESENTED BY ITS TRUSTEE
SRI.DR.K.P.GOPALAKRISHNA
2. NATIONAL PUBLIC SCHOOL
NO.CA,13TH MAIN ROAD,
HAL II STAGE, INDIRANAGAR
BANGALORE-560038.
REPRESENTED BY ITS PRINCIPAL,
SRI.DR.K.P.GOPALAKRISHNA.
3. NATIONAL PUBLIC SCHOOL
NATIONAL GAMES VILLAGE COMPLEX,
80 FEET ROAD, KORAMANGALA,
BANGALORE-560047.
REPRESENTED BY ITS CHAIRMAN,
SRI.DR.K.P.GOPALAKRISHNA.
4. NPS INTERNATIONAL SCHOOL
NO.21, ANJANADRI ROAD,
VIJAYNAGAR 4TH STAGE,
2ND PHASE, MYSORE-570018.
REPRESENTED BY ITS CHAIRMAN,
SRI.DR.K.P.GOPALAKRISHNA. ... APPELLANTS
(BY SRI S.M.CHANDRASHEKAR, SENIOR ADVOCATE FOR
SRI. ASHWIN CHIKKAMATH, ADVOCATE)
AND
1. NATIONAL COMMISSION FOR
MINORITY EDUCATIONAL INSTITUTIONS
GOVERNMENT OF INDIA
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GATE NO.4, 1ST FLOOR
JEEVAN TARA BUILDING
5, SANSAD MARG, PATEL CHOWK
NEW DELHI-110001
REPRESENTED BY ITS
DEPUTY SECRETARY
2. MINISTRY OF HUMAN RESOURCE DEVELOPMENT
GOVERNMENT OF INDIA,
DEPARTMENT OF SCHOOL EDUCATION,
EE-15 SECTION, SHASTRI BHAVAN,
NEW DELHI-110001.
REPRESENTED BY ITS SECRETARY.
3. KARNATAKA GOVERNMENT DIRECTORATE OF URDU
AND OTHER MINORITY LINGUISTIC SCHOOLS
K.R.CIRCLE,
BANGALORE-560 001.
REPRESENTED BY
THE DEPUTY DIRECTOR (ADMINISTRATION)
DEPARTMENT OF PUBLIC INSTRUCTIONS
BANGALORE SOUTH DISTRICT
BANGALORE-560 001
4. DEPARTMENT OF PUBLIC INSTRUCTION
GOVERNMENT OF KARNATAKA,
K.R.CIRCLE,
BANGALORE-560001.
REPRESENTED BY ITS COMMISSIONER
... RESPONDENTS
(SRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL ALONG
WITH SRI.V.SREENIDHI, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.3 AND 4
RESPONDENT NOS.1 AND 2 - SERVED)
---
These Writ Appeals are filed under Section 4 of the High
Court Act, praying to set aside the order passed in Writ
Petition Nos.31831-31834/2014 and 4927-4930/2015 dated
16/01/2017.
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These appeals coming on for Orders this day, the Chief
Justice, delivered the following:
JUDGMENT
The appellants in these appeals are writ petitioners before the Hon'ble Single Judge. They run Educational Institutions and claim that they are either linguistic or religious minority institutions.
2. The petitioners 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 the writ petitions, directing the writ petitioners 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.
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4. We have heard Mr.S.M.Chandrashekar, learned senior advocate appearing for the appellants 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.
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 individual school authorities to make their individual 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 representation is made, the said Commission shall give an opportunity of hearing to all concerned in the -7- matter and decide the case, by passing a reasoned and speaking order.
8. We request the Commission to determine the cases of the institutions, who submit their representations, as expeditiously as possible, preferably within six months from the date of submission of such representations.
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 appellants - institutions are concerned. -8-
12. With the above observations, these writ appeals are disposed of, by modifying the order of the Hon'ble Single Judge, as aforesaid.
13. In view of disposal of the appeals, 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