Indian Kanoon - Search engine for Indian Law

2. The petitioners' case as per the allegations made in this writ petition is that the first petitioner, namely, NITTE Education Trust, is a trust incorporated under the Indian Trusts Act, and is owning and controlling educational institutions including institutions imparting technical education in the field of engineering. The second petitioner claimed himself to be a citizen of India, and secretary of the first petitioner and in the capacity of secretary of the trust filed this writ petition to enforce the rights of the first petitioner as well as himself. The further case of the petitioner-trust is that the first petitioner-trust is a linguistic minority trust of the Telugu speaking community which is a minority community in the State of Karnataka and the petitioners claim that the petitioner-trust is entitled to the protection of article 30 of the Constitution of India as a linguistic minority. That this protection is extended even in regard to the Monopolies and Restrictive Trade Practices Act, 1969 (for short, "the Act"), which Act is not applicable to the minority educational institutions. As alleged in the writ petition that they are impugning the action of the respondents, whereby the respondents are trying to impose the provisions of the Act. That the first petitioner has established five educational institutions as is mentioned in paragraph 4 of this writ petition, namely, Dr. NRAM High School and Junior College, NRAM Polytechnic, NGSM Institute of Pharmaceutical Sciences, NMAM Institute of Technology and ABSM Institute of Dental Sciences. The first petitioner has established these institutions and spent money on capital expenditure, revenue expenditure for staff, equipment, libraries, hostels, etc. That the institutions run by the first petitioner are private institutions and which have to rely mainly on funding by the first petitioner and the private institutions run by the first petitioner depend on their own sources. The nature of education imparted by the first petitioner's institutions is basically professional which requires purchases and maintenance of sophisticated and expensive equipment, provisions for clinical laboratories keeping highly trained and highly paid staff in order to maintain the high educational standards. That the income derived from the tuition fees alone may not be adequate to maintain and run the institutions and these institutions have to depend upon the first petitioner for major expenditure on capital items like land, buildings, equipment, furniture, etc., for the institutions. That the Government of Karnataka, vide its Order No. ED 59 TEC 87, dated August 14, 1987, specifically permitted the management to collect capitation fees from the students admitted under the management quota of 60 per cent. of the sanctioned intake to Engineering College, but the trust has not chosen to collect the capitation fees from the students admitted to any of its colleges, which are depending mainly on donations received by the trust from charitable and philanthropic public for meeting such expenditure on the educational institutions run by it. That the Government had earmarked 40 per cent. of the sanctioned intake in the Engineering College for allotment to candidates sponsored by the Government and this requirement is fully met by the management. The petitioner-trust has furnished the scale of fee structure adopted in different institutions run by the trust as indicated in paragraph 6. The scale of fee structure adopted in different institutions run by the trust has been given as under :.