/'6.6IN THE HIGH COU[17 OF KARNATAKA AT BENGALURU

DAI.ED THIS TIIE: 16TFI DAY niil*,uRY 2017

BEFORE

-I-FIE I{CIN,BLE M[1" JUSTICE L.NARAYANA SWAMY

\^[.trrf' pETrrrerv No.46-2s' zo ls ( EpN-REs)c/w

.vuKlT*PlrrrroNs ngzrel_aol4IEDN

1.O3162l2OLtl

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ilLWRrr PE'urroN N(L482E/ 2015

BETWEETIJ:

SINDHI IIIGH SCHOOLSITUATED AT tD/7,KUMARA KRUPA. ROAD,BANGALORE - 560 OO1REPRESENTEI) I3Y ITS CHAIRMANSRI.SURESH R.CHAWLAs/o LA]-E RATAN CHANDAGED ABOUT 60 YEARS"

(BY SRI. BASAVARAJ S, ADV.)

".. PETITIONER

AND:

1. STATE OF KARNATAKABY THE SECRETARYDEPARTM ENT OF EDUCATIONM.S. BUILDING,DR.AMBEDKAR VEEDHIBANGALORE-560 OO1"

2. THE COMMISSIONER FOR PUBLiCINSTRUCTIONDEPARTMENT OF PUBLIC INSTRUCTIONOFFICE OF THE COMMISSIONERFOR PUBLIC INSTRUCTIONNRUPATHUNGA ROAD,BANGALORE-560 OO1.

3. THE BLOCK EDUCATION OFFICERVASANTHANAGAR,BANGALORE-560 OO1.

4. NATIONAL COMMISSION FORMINORITY EDU-CATIONAL INSTI'TUTIONS,GATE NO.4, lsr FLOOR,JEEVAN TARA BUILDING,SANSAD MARG, PATEL CHOWK,NEW DELHI - 11OOO1.

,". R.ESPONDENTS

(BY SRI.A.S.PONNANNA, ADDL. AG FORSRI.H.T.NARENDRA PMSAD, AGA FOR Rl.II3;SRI.KRISHNA S DIXIT, ASG FOR R4;SRI.JAYNA KOTHARI, ADV. FOR ]NTERVENOR)

THIS WRIT PETITION IS FILED UNDER ARTICI-E 226 OFTHE CONSTITUTION OF INDIA PRAYING'fO QLIASH THEGOVERNMENT ORDER , AS PER ANN)(-J DT"18"6" 2A1.4 ISSUEDBY THE R-1 AS BEING VIOLATIVE OF ARTICI.E 30 OF THEQQ$gTNUTION OF INDIA AS IT VIOLATES THE FUNDAMENTAL

RIGHTS OF THE UNAIDED MINORITY EDUCATIONALINSTITUTIOT\S AND ETC

IN WRILP.EIITIOru rvss.O zZ6-0z

BETWEEN:

1. MANI\GEMENTS OF INDEPENDENTCBS;E SCHOOLS ASSOCIATION,KARNATAKA,NO.9.1, 13TH MAIN, J BLOCK,KANAKADI\SANAGARA, BETTAHALLI,3RD STI\GE, MYSORE,BY ITS GENERAL SECRETARY,MR"M.St{INIVASAN,AGED 42 YEARS

2. GIFTED EDUCATION & RESEARCH FOUNDATION(GEAR FOTJNDATTON),GEI\R INNTSVATIVE INTERNATIONAL SCHOOL,NO,175, GEAR ROAD,SARJAPUR ROAD,DODDAl(ANAHALLI,BANGALOIIE-560 035,REF'. BY ITS PRESIDENT,M. SRINIVASAN,S/CI 14 g1H USAMY GAUN DER,AGED 42 YEARS

3. CHILDREN'S EDUCI\TION TRUST(TH E OXFORD EDUCATIONAL INSTITUTIONS),IST PHASE, J,P. NAGAR,BANGALORE-560 O7II,BY ITS EXECUTIVE DIRECTOR.S. N.V. L. NARASIMI-IAMJU,s/o NARAI]ARAJU, AGED 45 YEARS

4. K.K. EDUCATIONAL & CHARITABLE TRUST

--1:95l.HI PU EiLIc SCH ool,-r

-.''i'. I ".!''&

\'',r't.1..,.] '.-"

"r_r*,/ ', '.,' ','.iii: .. ' \: ,'.1 ,: 'n.11 r.' f,i I

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5.

BANGALORE - NORTH,

:Y"IO. 35 / L- A, SATIIANU R VILLAGE,BAGALUR POST, OFF BELLARY ROAD,BANGALORE NORTII-562 L4g,REP.BY THE MANAGING TRUSTEEMR.MAQSOOD ALI KHAN"s/o T.RAHMAN KHAN,AGED 41 YEARS

K.K. EDUCATIONAL & CHARITAP,LIE TRUSTDE_LHI PUBLIC SCHOOL, BANGAI-ORE-SOUTH1 1rH K. M. KANAKAPURA'nono,KANAKAPURA POST, BANGALORE-62,REP. BY THE MANAGING TRUSTEE,MR.MAQSOOD ALI KHAN,s/o r<.REHMAN KHAN,AGED 41 YEARS

K.K. EDUCATIONAL & CHARITABLE TRUSTDELHI PUBLIC SCHOOL, BANGAT-CIRE-EAS]sY. NO.43 /L, B & 45, SULKUNTE VILLAGE,DOMMASANDRA VILI-AGE, SAR]I\PUR ROAT),BANGALORE EAST-562 125"REP, BY THE MANAGING TRUSTEE,MR.MAQSOOD ALI KHAN,s/o T.REHMAN KHAN, AGED 41 YEARS

R. R. FOUNDATIONNOBLE SCHOOL, I.K. ROAD,ALI PUR GAURIBIDANUR TALUK,CHI KKABALLAPU R DISTRICT,KARNATAKA - 56I 2L3,BY ITS PRESIDENT SYED AKRAM FI.AZA,S/O MIR REHMAN ALI,AGED 61 YEARS

DEENS EDUCATION TP.USTDEENS ACADEMY SCHOOL,ECC ROAD, WHITEFIELD,

6.

7.

B.

BANGALORE - 560 066,BY ITS CHAIRMAN FARAAZ MOHIUDDIN,S/O SADIQ MOHIUDDIN,AGED 4:I YEARS

(BY SRX. S BASAVARAJ, ADV.)

AND:

1. S-TA,TE OF KARNAT/\KABY'fHE SECRETARYDEF'ARTM ENT OF EDTJCATIONM.S. BUILDING,DR.AMBEDKAR VEEDHIBAt\tcAL.oRE-560 001.

2. Tl-lE: COMMISSIONER FOR PUBLICINSTRUCTIONDEPARTMENT OF PUETLIC INSTRUCTIONOFFICE OF THE COMMISSIONERFOF| PU BLIC INSTRUCTION,NRUPATHUNGA ROAT),BAIIGALOFIE-560 OO1.

3. NAI-IONAL COMMISSION FORMINORITY EDUCATIONAL INSTITUTIONS,GAI-E NO.4, 1ST FLCIOR,JEEVAN TA,RA BUILDING,SANSAD MARG, PATEL CHOWK,NEW DELI-|I - 110001.REP. BY ITS SECRE"TARY

... PETITION ERS

226GO

."" RESPONDENTS

(BY SRI.A.S.POt\NANNA, ADDL. AG FORSRI.H"T.NARENDRA PII.ASAD, AGA FOR R1.& R2;SRI.KRISHI{A S DIXIT, ASG FOR R3)

6

VIDE ANNX-N DATED 24"7.L2 ISSIJED BY TI{E Rl AS BEINGVIOLATIVE OF ART 30 OF THE CONSI-ITUTIONJ C}F INDIA AS ITVIOLATES THE FUNDAMENTAL RIGHTS OF I'HE UNAIDEDMINORITY EDUCATIONAL INSTITUTIONS "

BETWEEN:

NEW HORIZON EDUCATIONALAND CULTURAL TRUST1OO FEET ROAD, INDIRAIIAGARBANGALORE - 560 OOBBY ITS MANAGING TRUSTEEMR MOHAN MANGHNANIS/O B MANGHNANIAGED 51 YEARS

(BY SRI.S BASAVARNU, ADV.)

AN D:

" "" PE-TITIONER

1. STATE OF KARNATAKABY THE SECRETARYDEPARTM ENT OF EDUCATIONM S BUILDINGDR AMBEDKAR VEEDHIBANGALORE-56OOO ]"

THE COMMISSIONER FOR PUBL].CINSTRUCTIONDEPARTMENT OF PUBLICINSTRUCTIONOFFICE OF THE COMMISSIONERFOR PUBLIC INSTRUCTIONNRUPATUNGA ROADBANGALORE-56OOO1

OF

2.

'll'+

URDU & OTHER LINGUISTICMII\IORI-IY SCHOOLSNRUPTUNCJA ROADBAI\JGALORE-56OOO1BY ITS DIRECTOR

4. NAI-IONAL COMMISSION FORMI NORI'I-Y EDUCATIONAL INSTITUTIONS,GAI-E NO.4, lsr FLcloR,JEEVAN TARA BUILDING,SANSAD MARG, PA-TEL CHOWK,NEW DELHI _ 11OOO1.REP. BY ITS PRINCIPAL SECRETARY

5. NAI'ION,qL COMMISSION FOR LINGUISTICMINORI-I-IE:S ,t4/Ll & 1!;/Lt, jAM NAGAR HOUSE,SHAHJAHAN ROAD,NEW DELHI - 110011REPRESENTED BY ITS COMMISSIONER

".. RESPONDENTS

(BY SRI.A.S.PONNANNA, ADDL" AG FORSRI.H.T"NARENDRA PITASAD, AGA FOR R1& R2;R-3 IS SERVED;SRI.KRISHNA S DIXIT, ASG FOR R4 & R5;SRI..]AYNA KOTHARI, ADV" FOR INTERVENOR)

THIS \^/RIT PETITION IS FILED UNDER ARTICLE 226 OFTHE CONSTITTJTION OF INDIA PRAYING TO QUASH THEORDER/(]OMMUNICATION DT" 15.3.11, ISSUED BY TrIr Rr, COPYPRODUCED & MARKED AS ANN-K AND ETC.

BETWEEI\:,

SHARAD,q VIDYATAYASKDB CAMPUS

B

DR GIRIDHAR RAO ROADKODIALBAILMANGALORE-575003A MINORITY EDUCATIONAL INSTITUTIONRUN BY TULUNADU EDUCATIONAL TRUST (REGD"JREPRESENTED BY ITS PRESIDENT

.." PETITIONER

(BY SRI.HARIKRISHNA S HOLLA, ADV.)

AN D:

1. STATE OF KARNATAKADEPARTM ENT OF EDUCATIONVIDHANA SOUDHADR AMBEDKAR VEEDHIBANGALORE-56OOO1REPRESENTED BY ITS SECRE-|A[{Y

2. THE JOINT DIRECTOR OF PUBLICSERVICE COMMISSIONDAKSHINA KANNADAMANGALO RE.575OO ].

3. THE DIRECTOR OF URDU & OTHERMINORITY LANGUAGE SCHOOLSDEPARTM ENT OF PUBLIC INSTRU(:TIONSNRUPATUNGA ROADBANGALORE-56OOO1

(By SRI.A"S.pONNANNA, ADDL. AG FOt{SRI.H.T.NARENDRA PRASAD, AGA FOR

,." RESPONDENTS

R1-Fr3)

THIS WRIT PETITION IS FILED UNDER ARTICLES; 226 AND227 OF THE CONSTITUTION OF INDIA PRAYINC; TO DECLARETHAT THE PROVISIONS OF SEC"12(1XC) OF TFIE EDUCATIONACT, 2OO9 ARE NOT APPLICABLE TO TFIE PEI-ITIONERSINSTITUTION SO FAR IT RELATES TO ADMISSION OF CHILDRENBELONGING TO WEAKER SECTION OF'-THE SOCNEIY"alrF,rQn,

r.te ,

"l.',4 '

'. .,t't, r ;-'li \.,

#.r,tt:!r''| /rnt+r. i

IN WRIT PE:II"IIQN ltlqs,LO362/2O14 &__!to444l2014

BETWEEITj:

1. SRI.SRINIVASA EDUCATIONAL AND CHARITABLE TRUSTHAVING ITS REGISTERED OFFICE ATNO"619/G, 36TH CR.OSSRAJA]INAGAR 2ND BLOCI(BANGAL-ORE _ 560 O] O

REPRESEN'fED BY I"TS; CHAIRMANSRI G DAYANAND

2. NATIONI\L PUBLIC SCHOOLSY NO.B1, 3*O CROS;S, 60 FT ROAD,UTTARAI-LI-KENGERI MAIN ROAD,BSK 5T}I STAGEBANGALORE _ 560 051REPRESENTED BY TTS PRINCIPALMISS C D GRACE

"". PETITIONERS

(BY SRI.I\ISHAIJTH A V, ADV")

AND:

STATE OF KARNATAKABY ]:TS SECRETARYDEPARTM ENT OF EDLJCATIONM S BUILDINGDR "AMBEDKAR ROADBANGALORE-56OOO1

THE COMMISSIONER FOR PUBLIC INSTRUCTIONDEPARTMENT OF PUBLIC INSTRUCTIONOFFICE OF THE COMMISSIONERFOR PUBLIC INSTRIJCTIONNRL'PATUNGA ROAI)

1"

2.

..'.',';. , rt tT^

1' ,'t'., *:-l;;;

.

' i' I' Ti'*t

"i 1;i9,|irr

I I i r rtf' .',' -',,. ,,t.1.';..,-r"

l0

BANGALORE-56OOO1

3. NATIONAL COMMISSION FORM INORITY EDUCATIONAL INSTITUTIONS,GATE NO.4,1sr FLooR,JEEVAN TARA BUILD]NG.SANSAD MARG,PATEL CHOWK,NEW DELHI - 11OOO1REP. BY ITS PRINCIPAL SECRET'ARY

"". RESPONDENTS

(BY SRI.A.S.PONNANNA, ADDL. AG FORSRI.H.T.NARENDRA PRASAD, AGA FOR R1 i} ,I;SRI"KRISHNA S DIXIT, ASG FOR R3 )

THESE WRIT PETITIONS ARE FILED UNDER ART'ICLE S 226AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHTHE GOW. ORDER DATED 24.7.20"t2 VIDE ANN-A ISSUED BYTHE R-1 AS BEING VIOLATIVE OF ARTIC:LE 30 OF THECONSTITUTION OF INDIA AS IT VIOL.ATES TI-,ilE FUNDAMENTALRIGHTS OF THE UNAIDED MINORITY EDLICATIONALINSTITUTIONS.

BETWEEN:

VIDYODAYA TRUST (R)A TRUST REGISTERED UNDER THEKARNATAKA SOCIETIES ACT,HAVING ITS OFFICE ATVADIRAJA ROAD,UDUPI-576101"KARNATAKA.REPTD. BY ITS SECRETARY,SRI. K.GANESH RAOs/o I.ATE GOPAL RAO.

u

AGED ABOUT 7"2. YEARS

(BY SRI.OMK,AR KAMBI, ADV.)

AND:

1. STATE CiF KARNATAKABY ]:TS S;ECRETARY,DEPARTIV1 ENT OF EDUCATIONM.S. BLJNLDING,DR. AMBEDKAR ROAD,BANIGALORE-560001.

""" PETITIONER

2. THE COI4MISSIONER FOR PUBLIC INSTRUCTIONDEPARTMENT OF PLJBLIC INSTRUCTION,OFFICE OF THE COMI4ISSIONERFOR. PUBLIC INSTRIJCTION, NRUPATHUNGA ROAD,BANGALORE-560001"

3. THE NAI'IONAL COM]VIISSION FOR MINORITYEDLICATTON, GOW. OF INDIA,NEW DELI-|r - 110001REPRESEN'TED BY I"TS; PRINCIPAL SECRETARY

(By sRl.,q.s,F'o,\NANNA, ADDL" AG FOR "" RESPONDENTS

SRI.H.T"NAR.ENDRA PI{ASAD, AGA R1 & R2;SRI.KRISHNA S DIXIT, ASG FOR R3;SRI.JAYNA KOTHARI, ADV. FOR INTERVENOR)

TIIIS WRIT PETITION IS FILED UNDER ARTICLE 226 OFTHE CONSTITU'TION OF II\DIA PRAYING TO QUASH THE GOW"ORDER AS PER ANNEX-M DTD.24.7.}OI}ISSUTD BY THE R-1 ASBEING VIOLATIVE OF AR ICLE 30 OF THE CONSTITUTION OFINDIA I\!J IT VIOLATES OF ARTICLE 30 OF THE CONSTITUTIONOF INDII\ AS II- VIOLATES THE FUND,qMENTAL RIGHTS OF THEUNAIDED MINORIry EDUCATIONAL INSTITUTIONS.

T2

g

BETWEEN:

1. NATIONAL EDUCATION TRUSTNO.CA, 13TH MAIN ROAD,HAL II STAGE, INDIRANAGAR,BANGALORE-560 O3B,REPRESENTED BY ITS TRUSTEE.SRI. DR. K. P.GOPALAKRISHNA.

2. NATIONAL PUBLIC SCHOOLNO.CA, 13TH MAIN ROAD,HAL II STAGE, INDIRANAGAR,BANGALORE-560 O3B,REPRESENTED BY ITS PRINCIPALSRI. DR. K.P.GOPALAKRISHNA"

3. NATIONAL PUBLIC SCHOOLNATIONAL GAMES VILLAGE COMPLEX,BO FEET ROAD, KORAMANGALA,BANGALORE-560 047 ,REPRESENTED BY ITS CHAIRMAN,SRI. DR.K.P. GOPALAKRISHNA"

4. NPS INTERNATIONAL SCHOOLNO.21, ANJANADRI ROAD,VIJAYANAGAR, 4TH STAGE, 2*O PHASE,MYSORE - 570 018,REPRESENTED BY ITS CHAIRMAN,SRI. DR. K, P. GOPALAKRISH NA

... PETITIONERS

(BY SRI.S.M.CHANDRASHEKAR, St{. couNSEL F,Ot?.SRI.ASHWIN CHIKKAMATH, ADV. )

AN D:

1-. NATIONAL COMMISSION FOR MNNORITY

.};j "ffitjt

'if

13

2.

E D LI CAT IO NAL I N SI-I]'UTIO N S,GOVERNMENT OF INDIA,GATE NO.4, 1ST FLOOR,JEEVAN TARA BUILDING,5, SANSAD MARG,PATEL CHC)WK,NEW DELHI-I10 OO1,REPRESEN ED BY ITS;DEPUTY SE:CRETARY"

MINISTR.Y OF HUMAN RESOURCE DEVELOPMENTGO\/ERNMENT OF INDIA,DEPARTMENT OF SCFIOOL EDUCATION,EE-:I5 SECTION,S]{ASTRI BHAVAN,NEW DELI-II-110001,REPRESEN ED BY I"fS SECRETARY"

KARNATAKA GOVERNMENT DIRECTORATE OF URDUAND OTIIER MINORITY LINGUISTIC SCHOOLS,K.R. CIRCL.E, BANGAI.-ORE-560 OO].,REPRES[:N'fED BYTHE DEPUIY DIRECTOR (ADMINISTRATION),DEPARTMENT OF PLJBLIC INSTRUCTIONS,BANGALOR.E SOUTI1 DISTRICT,BAI\IGALORE.

DEPARTM ENT OF PLJBLIC INSTRUCTIONSGOVERN M ENT OF KAII.NATAKA,K. R. CIRCL,E,BAI\IGALORE - 560 OO1,REPRESENTED BY I-fSiUNDER SECRETARY,AND EX- OFFICO SF'ECIAL OFFICER

",. RESPONDENTS

3.

4.

(BY SRI.A.S.F,ONNANNA, ADDL. AG FORSRI.H.T.NARENDRA PRASAD, AGA FOR R3 & R4;SRI.I<RISHIIA S DIX]:T, AG FOR R1;

1i

I4

SRI.C"SHASHIKANTH, CGSC FOR R2)

THESE WRIT PETITIONS ARE FII.ED UNDER ART'ICLE S 226AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHTHE ENDORSEMENT DTD.18"6.2-01.4, TSSUTN BY THE R-4PRODUCED AT ANNEX-T AS ILLEGAL AND ARBITIIARY ANDETC.,.

BETWEEN:

SINDHI HIGH SCHOOLSTTUATED AT 33/2A & 33/28,KEMPAPURA, HEBBAL,BANGALORE - 560 024REPRESENTED BY ITS CHAIRMANSRI.MAHESH RAMCHAND,s/o RAMCHAND,AGED ABOUT 49 YEARS.

(BY SRI.S BASAVARAJ, ADV")

AN D:

1" STATE OF KARNATAIGBY THE SECRETARYDEPARTM ENT OF EDUCATIONIM.S. BUILDING,DR.AMBEDKAR VEEDHIBANGALORE - 560 OO1.

2. THE COMMISSIONER FOR PUBLICINSTRUCTION,DEPARTMENT OF PUBLIC INSTRUCTIONOFFICE OF THE COFJMISSIOT\ERFOR PUBLIC INSTRUCTIONS,NRUPATHUNGA ROAD,

,.-*t..o.\r**'. *+1.

""" PFT]TIONER

'.li7.

\iIIIIIIt/

t5

BAt{cAtoR.E - 560 001.

3. TI{E BLOC[.( EDUCA-|ION OFFICERBYATARANYAPU RA,BANIGALORE

... RESPONDENTS

(BY SRI.,A.S.pONNANNA, ADDL. AG FORSRI.H.T"NARENDRA PRASAD, AGA FOR R1.R3)

I-F'IIS WRIT PETITION IS FILED UNDER ARTICLE 226 OFTHE CONSTITIJTION OF INDIA PRAYING TO QUASH THEGOVERNMEN-T ORDER VIDE ANN-], DATED 18.6.2OL4 ISSUEDBY TH E R-l P.S BEING VIOLATIVE OF ARTICLE 30 OF THECONSTII-UTION OF INDIA AS IT VIOLATES THE FUNDAMENTALRIGHTS OI: THE UNAIDED MINORITY EDUCATIONALINSTITU'TIONS"

IN WRI'[ PHTITION Nos.4927-49IlOl2OrS

BETWEEN:

1. NATIONAL EDUCATION TRUSTNO.CA, 13IH MAIN ROAD,HAI.- II S;TAGE,IN DIIRANAGAR,BANGAL,OT{E-560038.REF'RESENTED BY ITS TRUSTEESRI. DR. K. P.GOPAU\KRISH NA.

2. NI\-I-IONAL. PUBLIC SCHOOLNO,CA, :t3TH MAINF{OAD,HI\I- II *C;TAGE, INDIRANAGAR,BANGAL.OIIE-5600iiB"REPRESENTED BY ITS PRINCIPAL,SR] . DR. K. P.GOPALAKRISHNA.

3. NA'TIONAL, PUBLIC SCHOOLNA-TIONAL. GAMES V] LLAGE COMPLEX,

/t!'ti- -" -

\

f.. r'i-,. './ \t. :tj, :-'* ' ':,

_ ,!/' -i "., . . "/ .

t,, lrr,

l6

BO FEET ROAD, KORAMANGALA,BANGALORE-560047.REPRESENTED BY ITS CHAIRMAN,S RI. D R. K. P

" G O PALAKRIS H NA"

4" NPS INTERNATIONAL SCHOOLNO.21, ANJANADRI ROAD,VIJAYNAGAR

^4TH STAGE, 2ND PHAISE,

MYSORE-570018.REPRESENTED BY ITS CHAIRMAN,S RI. D R. K. P. G O PALA KRI S H NA

"

(BY SRI.S.M.CHANDRASHEKAR , SR" COUNSELSRI.ASHWIN CHIKKAMATH, ADV")

AND:

". . PE"I-ITIONERS

F'OR

1. NATIONAL COMMISSIONER. FORM I NORITY EDUCATIONAT INSTITLITIO NS,GOVERNMENT OF INDIA,GATE NO.4, 1ST FLOOR,JEEVAN TARA BUILDINd 5,SANSAD MARG,PATEL CHOWK,NEW DELHI-110001..REPRESENTED BY ITSDEPUry SECRETARY.

MINISTRY OF HUMAN RESOURCE DEVELOPMENTGOVERNMENT OF INDIA,DEPARTMENT OF SCHOOL EDUCATION,EE-15 SECTION,SHASTRI BHAVAN,NEW DELHI-110001"REPRESENTED BY ITS SECRETAFI.Y"

KARNATAKA GOVERNMENT DIREC'TORATE OF URDUAND OTHER MINORIW LINGUISTIE SCHOOI-S,

2.

3"

iI

itI

'$.

\

t'7

K" R. CIR(:LE, BANGALORE-56OOO 1 "

REPRESEN-I-ED BYTHE DEPU]'Y DIREC"TOR (ADMINISTRATION )DEPARTI4ENT OF PLIBLIC INSTRUCTIONS,BANGALORE SOUTH DISTRICT,BAN GALOR E.

4. DEPARTI'1ENT OF PL,IBLIC INSTRUCTIONGOVERNM ENT OF KARNATAKA,K" [T, CIR(-LE, BANGALORE-560OO 1.REPRESEN-|ED BY ITS COMMISSIONER.

"". RESPONDENTS(BY SRI.r\.S.PONNANNA, ADDL" AG FOR

SRI.It.T.I\IARENDRA PRASAD, AGA FOR R3 & R4)

THESE W[{IT PETII-IONS ARE FILED UNDER ARTICLES 226AND 227 OF TFIE CONSTI'TUTION OF INDIA PRAYING TO ISSUEA WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORORDER OR DIRECTION; QUASH THE ENDORSEMENTDT.18.6.20TII ISSUED I3Y THE R-4 VIDE ANNX-T AS ILLEGALAND ARtsITRARY; euASFt rHE ENDORSEMENT DT.1"ro.zot1 ,ISSUED tsY THE R-4 VIDE ANNX-Z AS ILLEGAL AND ARBITRARYAND ETC",.

IN_WRXT PE'II

BETW E E Nj

1. CITIZEN'S EDUCATION SOCIEry10364, I;TH BLOCK,RA],qJINAGAR,BANGALORE - 560010.REPRESE:N'|ED BY I-t-S CHAIRMAN,SRI. DR" K. P.GOPALAKRISH NAAGED ABOUT 77 YEARS

(REGD.)

S;CHOOL

l8

10364, SrH BLOCK,RAJAJINAGAR,BANGALORE - 560 O].0"REPRESENTED BY ITS CHAIRMAN,S RI. D R. K. P. GO PALAKRIS H NA.AGED ABOUT 77 YEARS.

(BY SRI.S.M.CHANDRASHEKAR , SR. COUNSELSRI.ASHWIN CHIKKAMATH, ADV")

AND:

1" NATIONAL COMMISSION FORM I N O RITY EDUCATIONAL I NSTI'ILJTIONS,GOVERNMENT OF INDIA,GATE NO.4, 1ST FLOOR,JEEVAN TARA BUILDING,5, SANSAD MARG,PATEL CHOWK,NEW DELHI-110001.REPRESENTED BY ITSDEPUTY SECRETARY"

".. PETJTI'IONERS

FOR

2. MINISTRY OF HUMAN RESOURCE DEVELOF,MHNTGOVERNMENT OF INDIA,DEPARTMENT OF SCHOOL EDUCATION,EE-15 SECTION,SHASTR BHAVAN,NEW DELHI-110001"REPRESENTED BY ITS SECRETA[{\'.

3. KARNATAKA GOVERNMENT DIRECTORATE OF URDIJ ANDOTHER MINORITY LIGUISTIC SCHOOLS,K. R. CIRCLE, BANGALORE-560OO 1.

REPRESENTED BYTH E DEPUW DIRECTOR (ADMTNTSTRATTOht)DEPARTMENT OF PUBLIC INSTRUCTIONS,BANGALORE SOUTH DISTRICT,BAN GALO RE-56OOO ].

19

4" DEPARTMENT OF PL'BLIC INSTRUCTIONSGOVERNMENT OF KARNATAKA,K. R. CI R(-LE, BANGA.LORE-560OO 1REPRESI:N]-ED BY I-fS;COF4MISSIONER.

5. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONSBANGALOR.E NORTI-I,DEPARTMENT OF PTJBLIC INSTRUCTION,GOVERN M ENT OF KAI"I,NATAKA,K.G, ROAD, BANGALORE-5600O 1.

6" BLOCK EDIJCATION OFFICERBANGALORE NORTFI IIANGE-1,DEPARTMENT OF PLJBLIC INSTRUCTION,GOVERN M ENT OF KAIINATAKA,2ND BLOCI(, RA]AJINAGAR,BANGALOR:E-560010.

"". RESPONDENTS

(BY SRI",q.S.F'Ol\NANNA, ADDL" AG FORSRI"II"T.IIARENDRA PRASAD, AGA FOR R3 TO R6;SRI.KRISHIJA S DIXIT, ASG FOR R1 & R2)

TIJESE WI].IT PETITIONS ARE FILED UNDER ARTICLES 226AND 227 OF THE CONSI-ITUTION OF INDIA PMYING TO QUASHTHE ENDORSEMENT DATED 18.6.20L4 ISSUED BY THE N-+ VIOCANN-P AS ILL.EGAL AND AII,BITRARY AND ETC",.

BETWEEITI:

1. SUNIDARAMA KRISHNAMURTHYEDUCATIONAL AND CHARITABLE TRUSTAN I=DUCA'|IONAL & CHARITABLE TRUSTREGISTERED UNDER THE PROVISIONS OFINDIAN '|RUST ACT

I,

Ii

20

HAVING ITS REGISTERED OFFICE AT*VAGDEVI VILAS" SURVEY NO'','/4 AND ',77/5MUNEKOLALU MARATHAHALLI POST,BANGALORE - 560037

REPRESENTED BY ITS MANAGING TRUSTEESRI K HARISHS/O LATE G S KRISHNAMURTHY

2. VAGDEVI VILAS SCI-IOOLsY NO L24/s & 218N EKKUNDI DOMMASAN DRA R.OADI,VARTHUR, BENGALURU - 560087REPRESENTED BY ITS PRINCIPAL

", " PE-rI'TIONERS

(BY SRI" MAHESHA B, ADV.)

AND:

1. STATE OF KARNATAI<ABY ITS SECRETARYDEPT OF EDUCATION (PRIMARY & sECONDATtyVIDHANA SOUDHABENGALURU - 560001

2. THE COMMISSIONERFOR PUBLIC INSTRUCTIONSNRUPATHUNGA ROAD,BENGALURU-560 OO1"

THE DIRECTORDIRECTOMTE OF URDU & OTHER LINGUIS;TICMINORITY EDUCATIO NAL INSTITLITIO NS,NRUPATHUNGA ROAD,BENGALURU-560 OO1"

THE BLOCK EDUCATION OFFICERSOUTHERN ZONE-04

3.

4.

2I

TAHSILDA[{S OFFICE,MINI VIDHANA SOUDHA,K. R. PUR,qM,BENGALIJRU-560 OO5"

.." RESPONDENTS

(BY SRI.A.S.F'Ot!NANNA, ADDL. AG FORSRI. I-t "T" NAI1EN DRA PT{ASAD, AGA)

TITESE WI1IT PETITIONS ARE FILED UNDER ARTICLES 226AND 227 OF THE CONSI-TUTION OF INDIA PRAYING TO QUASHTHE ENDORS;E|4ENT DTD:10"08.2015 ISSUED By rHE R-3 ATANNEXUU.E-E: AND ETC.,

"

IfV WRIT PEI I'TION NcrS "7 4tL*7 4LZ. I ZgL6

BETWETlIII:

1" SUI\IDARAMMA KRISHNAMURTHYEDLICATIONAL AND CHARITABLE TRUSTAN EDU(]A'TIONAL & CHARITABLE TRUSTREGISTF:RED UNDER THE PROVISIONS oFINDIAN RUST ACTHAVING ITS REGISTERED OFFICE AT:VAG;DEVI \/ILAS,SURVEY NOS.77 /4 AND 77 ls,MUNNEKOIALU, MARATHAHALLI POST,BENGALURU-560 037REPRESEN'IED BY I'I-S MAI\AGING TRUSTEESRI" K. HARISHS/O LATF G.S" KRISHNAMURTHY

2. VAGDEVI VILAS SCHOOLSURVEY NOS.77/4 AND 77/s,M UNNEKOIALU, MARATHAHALLI POST,BENGALURU-560 037REPRESENTED BY I'I-S PRINCIPAL

.., PETITIONERS

22

(BY SRI.MAHESHA B, ADV.)

AN D:

1, STATE OF KARNATAKABY ITS SECRETARY,DEpr. oF

E?y.ganbru (pRrMARy & sEcoNDARy)VIDHANA SOUDHA,BENGALURU-560 OO1.

2. THE COM MISSIONERFOR PUBLIC INSTRUCTIONSNRUPATHUNGA ROAD,BENGALURU.560 OO1.

3. THE DIRECTORDIRECTORATE OF URDU & OTHER LII{GUIS;TICMINORITY EDUCATIONAL INSTI TUTIONS,NRUPATHUNGA ROAD,BENGALURU-560 OO1"

4. THE BLOCK EDUCATION OFFICERSOUTHERN ZONE-04,TAHSILDARS OFFICE,MINI VIDHANA SOUDHA,K.R,PURAM, BENGALURU-560 OO5"

"" RESPONDENTS

(BY SRI.A.S.PONNANNA, ADDL" AG FORSRI.H.T.NARENDRA PMSAD, AGA FOR R1 I'O R4)

THESE WRIT PETITIONS ARE FIL"ED UNDER ARTICLE S 226AND 227 OF THE CONSTITUTION OF INDIA PRIiY]NG fO OINETTTHE R-2, 3 & 4 TO CONSIDER PE]'ITIONERS CLAIM FOR THEGRANT OF LINGUISTIC MINORIW STATUS [TEI-UGI.-J] OF THE2ND PETITIONER EDUCATIONAL TIUSiTUTIOT VIDEAPPLICATION DTD. 1 1.2"2015 AT ANI{EX-D.

?1

I N W RllT P E:[If IO nl-!Y os " 14 2 3 8:14 241 / 20 tli-

B ETW E E_lrl :

1. NATTONI\L ACADEMY FOR LEARNING TRUST (REGD.)4OT3, HI\L II STAGE,I N DIRANAGAR,BENGALIJRU - 560 OO8"REPRESEN-|ED BY I'I-S; CI{AIRMAN,SRI. DR. K"P. GOPALAKRISHNAAGED 77 YEARS

2" THE INTt_RNATTONAL SCHOOL BENGALURU (TISB)NAFL VALLEY, VARTHIJR,SARJAPUR ROAD,BENGALIJRU-s62 12-5.

3. NATION/\L PUBLIC S;CHOOL32/P2, 17TH "8" MAII',1,SECTOR 4, H.S.R. LAYOUTBENGALTJRU-560 102"

4. NATIONI\L ACADEMY FOR LEARNINGNO. CA :]II-E, 3RD CROSS,3RD STAGE, 3RD BI-OCK,BASAVESHWARA NACJAR,BENGALIJRU-560 O)79,

NO.2 TO 4 ABOVEREPRESEN'TED BY I-IS CHAIRMAN,SRI, DR" K.P. GOPALAKRISHNA.

"." PETITIONERS

(By sRI.:i.M.CHANDRASI{EKAR, SR. COUNSEL FORSRI.ASHWII\ C, ADV.)

AND-

1_Ll

ir\rNAT'IONI\L COMMISSION FOR

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MINORITY EDUCATIONAL INST]TIJTIONS,GOVERNMENT OF INDIA,GATE NO.4, 1ST FLOOR,JEEVAN TARA BUILDING,5. SANSAD MARG,PATEL CHOWK,NEW DELHI-11.0 OO1,REPRESENTED BY ITS DEPU]'Y SECRETAR\'"

MINISTRY OF HUMAN RESOURCE DEVELOPMENTGOVERNMENT OF INDIA,DEPARTMENT OF SCHOOL EDUCATION,EE-15 SECTION,SHASTRI BHAVAN,NEW DELHI-I10 OOJ."REPRESENTED BY ITS SECRETAR'T.

KARNATAKA GOVERNMENT DIREC:TORATE OF URDLJ ANDOTHERMINORITY LINGUISTIC SCHOOLS.K. R. CIRCLE,BANGALORE-560 OO1.REPRESENTED BY THE DEPUTY D]:RECTOR(ADMINISTRATION)DEPARTM ENT OF PU BLIC INSTRU(:TIONS,BANGALORE SOUTH DISTRICT,BENGALU RU.

4. DEPARTMENT OF PUBLIC INSTRUC'TIONGOVERNMENT OF KARNATAKA,K.R. CIRCLE, BENGALURU-560 001.,REPRESENTED BY ITS COMMISSIONER.

,." RESPONDENTS

(BY SRr" KRISHNA S DrxIT, ADV. FOR R1 & R2;SRI.A.S.PONNANNA, ADDL" AG FORSRI"H.T.NARENDRA PRASAD, AC;A FOR R3 & R4)

3.

25

-I-HESE WII.IT PETITIONS ARE FILED UNDER ARTICLES 226AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHTHE ENDORSEMENT DTD"1B.6"2OT4 ISSUED BY THE R-1 VIDEANNEX-F AS ILI..EGAL AND ARBITRARY AND ETC

BETWEE|li

1. NAT'IONAL ACADEMY FOR LEARNING TRUST (REGD)4OI3, HAL II STAGE,IN DIRANAGAR,BENGALURU-560 OOB,REPRESEN'IED BY I"fS; CHAIRMAN,SRI, DR" K.P. GOPAU\KRISHNA,

2, THE INTERNATIONAL SCHOOL BENGALURU (TISB)NAFL VALLEY, VART'HUR,SAR.JAPI.JR ROAD,BENGALURU-562 1?-5"

3. NAT'IONAL PUBLIC SC:HOOL32/P2, 1,71'H "8" MAIN,SECTOR 4, H.S.R. LAYOUTBENGALURU-560 102"

4. NATIONAL ACADEMY FOR LEARNINGNO.CA SITE, 3RD CROSS,3RD STAGE, 3RD BI-OCK,BASAVE :i FI WARA NI\GAR,BENGALIJRU-560 OVg"

f\O.2 TO 4 ABOVEREPRES[:N'|ED By I-fS CHAIRMAN,SRI" DR. K"P. GOPALAKRISHNA.

(By SRT.S.M"CHANDRASIIEKAR, SR" COUNSELSRI.ASHWII! CHIKKI\MATH, ADV" )

.." PETITIONERSFOR

26

l.

AND:

(BY SRI.A.S.pONNANNA, ADDL" AG t,=OR

NATIONAL COMMISSION FOR MINORITY EDT,CATIONALINSTITUTIONS,GOVERNMENT OF INDIA,gATE NO.4, 1ST FLOOR,JEEVAN TARA BUILDING,5, SANSAD MARG,PATEL CHOWK,NEW DELHI-110 OO].,REPRESENTED BY ITS DEPUry sJECRETAR\'"

MINISTRY OF HUMAN RESOURCE DEVELOI'MENTGOVERNMENT OF INDIA,DEPARTMENT OF SCHOOL EDUCATION,EE-15 SECTION,SHASTRI BHAVAN,NEW DELHI- 110 OO].,REPRESENTED BY ITS SECRETARY.

KARNATAKA GOVERNMENT DIRECTORATE OF URDU ANDOTHERMINORITY LINGUISTIC SCHOOLS,K. R. CIRCLE,BANGALORE-560 OO1,REPRESENTED BY THE DEPUry DIRECTOR(ADMINISTRATION)DEPARTM ENT OF PUBLIC INSTRUCTIONS,BANGALORE SOUTH DISTRICT,BENGALU RU "

DEPARTMENT OF PUBLIC INSTRUCTIONGOVERNM ENT OF KARNATAKA,K.R. CIRCLE, BENGALURU-560 OO].,REPRESENTED BY ITS COMMISSIONER,

2.

3.

4.

. ", RESPONDENTS

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S11I.H.T"I\ARENDRA PRASAD, AGA FOR R3)

TIIESE WIIIT PETII-IONS ARE FILED UNDER ARTICLES 226AND 227 OF'rHE CONSTil-UTTON OF INDIA pRAyrNG TO QUASHTHE ENDORSEMENT GC)VERNMENT ORDER DTD: 18.6.20L4ISSUED BY I-HE R-4 PRODUCED AT ANNEXURE-F AS ILLEGALAND ARBITRARY AND ETC.,"

TIlESE F,ETITIONSHEARINC; IN'[J'GROUPFOLLOWtrNG:

COMING ON FOR PRELIMINARYTHIS DAY, THE COURT MADE TH E

O_R D,-E R.

Pet.itioner'-Institutions have preferred these petitions and

the common prayer made in these petitions is for quashing of

the Governmerrt order l-8th June z0L4 passed in No" ED 27

MAHITI :t-ot2(baga 1) wlrir:h is made applicable to the petitioner-

Institutions, as arbitrary since the petitioner-Institutions are

minority institutions for the purpose of Article 30 of the

constitution of India. Tlre competent Authority to issue Minority

status certificate is the authority constituted under the National

commis:;ion for Minority Educational Institutions Act, zoo4

(hereina'tter ref'erred to as 'the NcMEI Act' for short). Though

Petitioner-Institutions have made applications to the said

authority long back, so far the status certificate has not been

issued. It is also the case of the petitioner-Institutions that the/4-4F.--i.

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applications said

Institutions for

processed by the

aoL<\

to have been macle by the Linguistic Minority

issuance of Status Certificate ilraver not been

authority.

2. The rearned senior counser appearing for the counselfor the petitioner-Institutions submits that it is the responsibirity

of the centrar Government unde' the NCME] Acjt Lo issueMinority status certificate and sincr: the aurilrority has notconsidered the apprications of the petitioner-Institutirons, underthe circumstance insisting of admitting the studentsrecommended by the Gover'ment under Rir3hr to Free and

Compulsory Education Act, 2009 (hereinafter r,__ferred to as .the

RTE Act' for short), which constitutes 25vo of r:he t'tar strength

of the petitioner-Institutions is arbitrary, unconstitutionar and

violation of Articte 30 of the constitutiron of India" In respect ofissuance of minority status certificate to flre petitioner_

Institutions, the learned senior courrsel submir:s Lhat this courtin writ Petition No. Lo4o2 af 2aL4 rJisposed of, on :i0th Aprir

20L4, by relying on the submissio. of the rr3dr-hed Advocate

General that until deterrnination of tfie minority status to the

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29

petitiorrer-lnstitntions, implementation of the RTE Act cannot be

done to the petitioner-institutions and hence insisting the

petitioner-institutions for admission of students sponsored by the

Government under RTE r\ct is arbitrary. Hence, the learned

senior counsel submits that the judgment of this court is

binding, since the Governrnent itself has made such submission

througlr the k:arned Advocate General of the state. The learned

senior couflsol further submits that even without issuance of any

status r:ertif icate, the petitioner-Institutions are minority

institutions for the purpose of Article 30 of the constitution of

India and as long as that issue is resolved and decided by the

Hon'ble lSupreme Court, the insistence of admission of students

under RJ-E Act [s unfair and arbitrary and hence the same is to

be set aside.

3" This c,ourt on l-7th october 2016 passed an Interim

order whereirr it was brought to the notice of the court that the

Hon'ble suprenre court has observecl that in respect of the

minority educational institutions both aided and un_aided a re_

look by the constitutional Bench is necessary and accordingly._,F_aE{.^-

,ri' -:.q.,-. ,-,1.,.

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30

has issued notice to ail the schoors under RTE Act, 2.009; and

therefore, deferred all these matters till the decision to be takenby the Hon'bre supreme court, In the right of the said orderdated 1'7th october zoL6, tiil the matter is re-iooked and an

order is passed by the Hon'ble Suprr:nre Court, ilre insistence offilf ing up of 2so/o of the total strength by accornmodating the

students sponsored by Gover-nment under the RTE r\ct, 2009

shall not be done and hence it is submitted that t.lrere shall be a

direction to the respondent Government not to in:;ist for filling of25o/o of seats by admitting the student:; sponsored by

Government under RTE Act, 2009.

4. The learned counsel appear"ing for the pertitioner in writPetition No"10401 of zoL4 submits that the commissioner of

Public Instructions has communicated the order declaring that

the petitioner-institution is a Tulu speaking lilngtuistic minority

institution and hence, this institution cannot eorne under RTE Act

2009"

5. The learned counsel appearing for the petitioners in

writ Petitions No.4825 of 201-5, 4824 of 20L5,,6226-g3 of 2013,

3t

3773 ot' 2014 submits tlrat the petitioner-institutions are Sindhi

and Telr.rqu speaking institutions and hence are linguistic

minority institutions in nature. In order to claim the status of

linguistic nrinority institution, the rearned counsel relied upon the

judgmenl of the Hon'ble siupreme court in the case of TMA pAI

FOUNDA-|ION v. srATE of. KARNATAKA reported in (2002)8 scc

48L and referred to paragraph 184 of the judgment.

6. In writ Petitions No.51306-307 of 2015, 74Lr-12 of

2016, the le;rrned cou nser appea ring for the petitioner-

Institutions submits that the institution is a Telugu speaking

minority institut.ion and they are not covered for the purpose of

RTE Act"

7. It is further submitted that the RTE Act is a state

legislation, wheneas the Li'guistic Minority Act is under Articre 30

of the constitution of Intiia. when such is the constitutional

guarantee, the petitioner-Institutions are not liable for admitting

the stuclents under the provisions of RTE Act"

Per contra, the learned Additional

for tlre State submits that as long

Advocate General

as the petitioner-

IIiI

\'

32

institutions are not in possession of status certifir.:ates issued by

the competent Authority, they are bound to adnrit tl-re students

under RTE Act, 2009. The said Act came into force by virtue ofamendment made under Article 214 of the constitution of India"

He submits that most of the institutions are ne,t in possession ofany status certificate issued by the competent authority,

however, they claim that they

is impermissible. In support

are nrinority ins;titutions and that

of his submissions, the learned

Additional Advocate General relies upon the juelgrnent of Hon,ble

Supreme Court in the ease of P" A" INAMDAR AND C}].HERS VS

srATE oF MAHARASHTRA AND oTHERS reported in (2005)6 scc537 and places reliance on 102 of the judgment.,

9. In these petitions, smt. Jayne Koilrari, une learned

counsel, is permitted to appear as inter-vener to make

submissions. she submits that as per sectiorr 1.0(l) of the

NcMEI Act, the minority education institution, in order toestablish that status, may apply to the competent authority for

grant of no objection ceftificate for the said purl)ose" she also

refers to sub-sectisn (2) of sectiorr 10 of the t\cMEl Act the

-) -)

competent ;rut.hority shall (a) on perusal of clocuments,

affidavits or other evidence, if any; and (b) after giving an

opportunity of being hearcl to the appticant, decide every

application filerl under :;ub-section ( 1) as expeditiously as

possible and ,3rant or reject the application, as the case may be"

The learned cor-rnsel referr"ed to section 2(ca) of the NCMEI Act,

which elelfiner; "competent Authority'"" According to the Act,

'competent l\ut-hority' rneans the authority appointed by the

appropriate cior,,ernment to grant no objection certificate for the

establishmeni: of any educational institution of their choice by

the minorities. she furflrer refers to section 2(aa) of the NCMEI

Act which provides for appropriate Government" ,.Appropriate

Government" means,- (i) in relation to an educational institr_rtion

recognized for r:onducting its programmes of studies under any

Act of Parlian'rent, the central Government; and (ii) in relation to

any otherr etjucational institution recognized for conducting its

programrnes of studies uncJer any state Act, a state Government

in whose jurisdiction such institution is established" Any stateAct of respective state Governments in whose jurisdiction such

institutions fail is to be established" Referring to the definition

34

clause, the learned counsel submits that it erepends upon thenature of education conducted by sucfr institutions and they maymake apprication either to the state Government in case of stateeducation and to the centrar Government ir*ase clf centrareducation. when the Act cranifies the posit:ion about the

competent Authority without giving any scope for confusion,

unnecessarily the petitioner-Institutions have approached thiscourt instead of approaching the compretent Authoritv"

10. The rearned centrar Government :st;lnding counser

submits that for the purpose of minr')rity, the NcMEI Act defines

that the institution is the one which is notified as such by the

central Government" Further, he su[:mits that secuon z(g) of

the NCMEI Act defines Minority Education In:stitution whie h

means a college or an educational irrstitutioni established and

administered by a minority or minorities" Hr: f,urthr:r submits

that in order to obtain status of minority, tlre inr,;titutiorr should

approach the Central Government.

11" Heard the learned Senior Counsel

petitioner-Institutions; the learned /\dditional

;:ppearing for the

AdvocaLe General

t

:

a. r.

35

appearing for the State, the learned central Government

standing counsel; and smt. Jayne Kothari, the learned

intervener.

1?-. By B6th Amendment Act ZOOZ, Article 2tA was

inserted to the constitution of India i.e. Right to Education, in

which the State shall provide free and compulsory education to

all chilclren of' tl're age of six to fourteen years in such manner as

the State ffidy', by law, determine. without education to

children, right to speech will be of no avail. In order to comply

with the mandate of this Article, Right to Free and compulsory

Educatiorr Acl:, "2009 was brought into effect by the Government

of Karnataka" As per this, zso/o of the total seats in the

educational institutions have to be filled up by admitting the

students who are recomrnended by competent Authority under

RTE Act., 2009. This effort has been made in order to compry it

to the fullest nieaning of Articre 19(1)(a) of the constitution of

India, i.er. freedom of speech and expression" Merely providing

fundamentar riEht Of speech and express minus producing

educatiorr wciurd go futire. In the right of the above, this

35

amendment was brought to the constitution of lrrdia resurting in

bringing into force RTE Act, 2009" when such is the provision oflaw, the constitutionar mandate of eclucationai institution which

have been approved by state or centrar Governnrent are

invariably made to reserve zso/o of its totar strength foradmission to the students who are reconrmendecr by the

respective governments under RTE Act. These ?_so/o students are

the one who berong to economicaily weaker and backward

sections of the Society.

13. The case of the institutions which are petitioners

herein is that they are linguistic nninority institutions. It is true

that Article 30 of the Constitution of India provides constitutional

status to the minority institutions and also provides privilege and

immunity, viz. that the state Act or Municiparr Act are not

applicable to the Minority Institutiorrs" The submission of the

petitioner-Institutions that as per RTE Act insisting ,of 2so/o of

total admission for the students recornmended by the respective

Governments, is beyond the competence r:f ttre State

Government" The Linguristic Minority Institutions shall not be

;.1 .H.

-'rir,tr' |.

3',7

brought under the provisions of RTE Act. These institutions are

not just LinEuistic Minor"ity lnstitutions, but also religiously

minority institulions. l'he competent Authority to issue such

certificate, has not been clarified and the cases of this nature for

implenrentation of admitting 25o/o of total . strength of the

institution by admittinq the students recommended by the

respective Governments was the subject matter, as is referred

by this t3ourt, which is to Lle re-looked, and accordingly, it is

pending befr:rre the Hon'ble supreme court. unless that is

decided by lhe Hon'ble Supreme court insisting of admitting

25o/o of the total strength of students that are recommended by

the respective Governments is unconstitutional and hence the

impugned Notif ication is liable to set aside. It is true that the

Notification of such notification is to be struck down" But, the

question is rvhether any of these petitioner-Institutions are in

posses:;ion of the minority status certificate issued by the

competent ;ruthority? I have gone through every paper

producerJ in the petition and coulcl see that none of the

petitionerrs have producecl status certificate. It is also not their

3B

case that there cases have been turned down by the competentAuthority.

74" The submission of the resp.ndent G'vt:rnment is that,as long as and untir the certificate of rninority :;tatus is provided,

the petitioner-institutions are bounr.l to admit. ?-s;9it of urestudents sponsored under the RTE Act, 2009" 'fhe c,ompetentAuthority, for the purpose of issui:nce of such certificate, is

defined under section 10 of the NGMEI Act. -r-he competentAuthority has been defined under section 2(ca)

'f tl-re said Actthat it is the State Government and the erppropriate

Government" section 2(aa) of the said Act rjefinr:s that in

relation to an educational institution recognized i,or conducrtirrg

its programmes of studies under any Act of pari.,lierment, it is the

central Government; and in reratiorr to any other educationar

institution recognized for conducting its programrnes 'f studies

under any State Act, the state Govennment has the jurisdiction.

when such is the crarity in defining the .appropriate Government,

and the 'competent Autho rity'o the petitioner-Institutions have

to obtain minority status certific;ate either 'rorn

State

{9

Governrnent'r from central Government. without obtaining the

minority status certificate, the petitioner-institutions are making

an effort not i:o admit the students that are recommended by the

respective go'vernments under RTE Act, 2009, and the said act is

not correct.

1:t. In this backqrouncr, it is made crear that any

institution, br:fore claiming immunity or any privirege for the

purpose of Artir:le 30 of the constitution of India, should be inpossession of' minority stal,us certificate issued by the competent

Authority or by the ap;rropriate Government. As per the

Notification, Ihe applications made by the petitioner-Institutions

to the state i3overnment ancl the committee so constituted has

to consicJer the apprications and appropriate orders are to be

passed in res;pect of issuance of minority status certificate. Inthat view of thr: matter, the centrar Government is directed toconsider ancx pass appropriate order for issuance of such

certificate. Tiil such orders are passecr or tiil issuance of minoritystatus c,ertificai:es, the pretitioner-Institutions are directed toadmit Zso/o of its totar strength by admitting the students who

III:

40

are sponsored under RTE Act for t.he acadenlic year 20L7_LB.

whatever may be the confusion or crarificatiorr, if any, required

and till it is resorved by the conrpetent Authority,, State of,

Central Government, the petitioners-Institutions are directed tocomply with the provisions of RT'E Act, 2009, i"e. to give

admissions of 25o/o of the totar strength rry arlmitting the

students recommended by the respective Governrnent under RTE

Act for the academic year 2AIT-LB"

16. Last but not the reast, it is to be mentionecr that thepetitioner-Institutions taking sherter of the Intenim ordergranted by this court, has not given admission of ?_so/o of itstotal strength to the candidates recornmendetl uncler RTE Act.

Now, by dismissal of the said writ petitions;, Lhe petitioner-

Institutions are directed to admit the students who are not

admitted by virtue of Interim order, till it completes; 7so/o of

admissions. In view of the fact that 2s,/o of the: tot;ll strength

has to be made to the candidates sponsored under Fir-E Act, in

addition to the regular 2so/o per yearr ;rnother i.Oo,,b of candidates

AI5t

75o/o. The aciditionar Loo/a is to be treated as backrog. The courtis conscior-rs that if 750/a is to be insisted for admissions in oneyear' th'e Institutions rnay find it difficult and hence it is

observed thar. additionar 1.ot\t to the regurar 25o/o is to be takenfor admissions. This shail be compried with, and it is directedthat the respondent*Government shail pass necessarycircular/.rde.s for recomr.nendation of Loo/o candidates underRTE Act, as arJditional bactllog seats"

1-7 ' The petitioners are arso permitted to make anotherrepresentatio' to the auLhorities, if they so desire" Further, it isalso directed that the state/centrar Governnrents shail processthe applications made/to be made by the petitioner_Institutions

and to pass apprropriate orcrers, as expeditiousry as possibre andin any event .ot rater than six months from the date of receipt ofthe certified copy of th js order"

1'8. A1: l.his stage, it is submitted by the the rearnedcounser appearing for the petitioner in writ petition No"10401 0f2074 sutrmits that the petitioner-Institution is in possession ofstatus cerrtificate issued try the Government of Karnataka. If..._-aF-.,

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42

that is so, then the said petitioner shall not be insisted for

admission of Zso/o sturlents tlrat are recornrnended by tne

Government under RTE Act, 2009.

19" subject to the observations made above:, petitions

stand disposed of.

sd/-JUDGH

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