IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 27th DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR.JUSTICE B M SHYAM PRASAD WRIT APPEAL NO.880 OF 2011 (EDN/ RES) BETWEEN:
1. THE AIR FORCE SCHOOL HEBBAL, J.C.NAGAR POST, BENGALURU-560 006.
REPRESENTED BY ITS PRINCIPAL.
2. INDIAN AIR FORCE EDUCATIONAL AND CULTURAL SOCIETY, AIR FORCE SCHOOL WELFARE EDUCATION SOCIETY, ADJUTANT GENERAL BRANCH, ARMY HEADQUARTERS, BUILDING NO. 153, KASHMIR HOUSE, RAJAJI MARG, NEW DELHI-110 011.
REPRESENTED BY ITS SECRETARY PRESENTLY AT:
AIR HEAD QUARTERS, R.K.PURAM, NEW DELHI.
...APPELLANTS (BY SRI B.PRAMOD, CGC) AND:
1. AIR FORCE SCHOOL PARENT’S WELFARE ASSOCIATION REPRESENTED BY ITS SECRETARY, NO.6, 1ST FLOOR, OPP: POST OFFICE, SHESDRIPURAM, BENGALURU-560 020.
2. THE CENTRAL BOARD OF SECONDARY EDUCATION BY ITS CHAIRMAN, PS-1-2, INSTITUTION AREA, I.P.EXTENSION, PATPARGANJ, NEW DELHI-110 092.
3. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF PRIMARY & SECONDARY EDUCATION, M.S. BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560 011.
…RESPONDENTS (BY SRI RAMESH CHANDRA, ADVOCATE FOR C/R1 SRI M.R.SHAILENDRA, ADVOCATE FOR R2 SRI VASANTH V.FERNANDES, HCGP FOR R3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.34192 OF 2009 DATED 10.01.2011.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
ORDER This appeal is filed to set aside the order dated 10.01.2011 passed in Writ Petition No.34192 of 2009 by the learned Single Judge.
2. In terms whereof, the writ petitions were allowed and it was held that Section 1(iii-a) of the Karnataka Education Act as amended by Karnataka Act 8 of 1998 was quashed as discriminatory.
3. It is submitted at the Bar that there is an amendment to the said Section on 22.04.2017.
4. In view of the same, the writ appeal is dismissed as having become infructuous.
SD/- SD/-
JUDGE JUDGE PB