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 NOS.749-757 OF 2011 (GM-RES) BETWEEN:
1. ASSOCIATION OF SCHOOLS FOR THE INDIAN SCHOOL CERTIFICATE (KARNATAKA) REG. ADDRESS INNISFREE HOUSE SCHOOL, J.P.NAGAR II PHASE, BENGALURU-560 078, REPRESENTED BY ITS PRESIDENT MR. R.H.SHARADA PRASAD 2. INDIA INTERNATIONAL SCHOOL OFF SARJAPUR ROAD, 26/1, CHIKKA BELLANDUR CARMELRAM POST, BENGALURU-560 035, BY ABHYUDAYA EDUCATION TRUST (REGD) REPRESENTED BY ITS CHAIRMAN MR.KRISHNAPPA 3. CARMEL HIGH SCHOOL 2ND BLOCK, 3RD STAGE, JUDGES COLONY WEST OF CHORD ROAD, BASAVESHWARA NAGAR, BENGALURU-560 079.
REPRESENTED BY ITS PRINCIPAL MRS. D.MENEZES 4. DIVINE EDUCATION SOCIETY NO.640, I MAIN ROAD, YESHWANTHPUR, BENGALURU-560 022, REPRESENTED BY ITS PRINCIPAL MRS MANJULA 5. INNISFREE HOUSE SCHOOL 9TH CROSS, 23RD MAIN, J.P.NAGAR 2ND PHASE, BENGALURU-560 078, BY BOLAR EDUCATION TRUST, REPRESENTED BY ITS MANAGING TRUSTEE MRS.S.BOLAR 6. INVENTURE ACADEMY WHITEFIELD SARJAPUR ROAD, NEAR DOMMASAND CIRCLE, CHIKKAVADERPURA, BENGALURU-562 125, REPRESENTED BY ITS MANAGING TRUSTEE AND CEO MRS. NOORAINE FAZAL 7. SHARADA RESIDENTIAL SCHOOL KUNJIBETTU, UDUPI, KARNATAKA-576 102. REPRESENTED BY ITS PRINCIPAL MR. VIDYAVANTHA U.ACHARYA 8. MALLYA ADITI INTERNATIONAL SCHOOL POST BOX NO.6427, YELAHANKA, BENGALURU-560 106.
BY UJWAL TRUST, REPRESENTED BY ITS CHAIRPERSON MS. ANNE WARRIOR 9. SRI VANI PUBLIC SCHOOL NO.1246, 4TH MAIN ‘E’ BLOCK, II STAGE, RAJAJINAGAR, BENGALURU-560 010. REPRESENTED BY ITS MR.R.H.SHARADA PRASAD.
...APPELLANTS (BY SMT. ROSA PARAMEL, ADVOCATE) AND:
1. RANJITHA KANAKARAJ WIFE OF KANAKARAJ, AGED 55 YEARS, NO.568, 7TH CROSS, LINGARAJAPURAM BENGALURU-560 084.
2. STATE OF KARNATAKA BY THE SECRETARY, DEPARTMENT OF EDUCATION, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560 001.
3. BISHOP/CHAIRMAN CSI KARNATAKA CENTRAL DIOCESE, DIOCESAN OFFICE NO.20, 3RD CROSS, CSI COMPOUND, BENGALURU-560 027.
4. BISHOP COTTON GIRLS SCHOOL ST. MARKS ROAD, BENGALURU-560 001. BY ITS PRINCIPAL 5. MRS.PRINCESS PRINCIPAL’S QUARTERS, BISHOP COTTON GIRLS SCHOOL, ST.MARKS ROAD, BENGALURU-560 001.
6. CENTRAL BOARD FOR SECONDARY EDUCATION PS-1-2 INSTITUTIONAL AREA, J.P.EXTENSION, PATAPARGAN, DELHI-110 092.
7. COUNCIL FOR INDIAN SCHOOL CERTIFICATE EXAMINATIONS PRAGATI HOUSE, 3RD FLOOR, 47-48, NEHRU PLACE, NEW DELHI-110 019.
8. MRS.LYDIA JOSHUA WIFE OF REV. VICTOR JOSHUA, AGED 62 YEARS, PRINCIPAL, BISHOP COTTON GIRL’S SCHOOL, ST. MARKS ROAD, BENGALURU-560 001.
…RESPONDENTS (BY SRI L.GOVINDARAJ, ADVOCATE FOR R1 SRI VASANTH V.FERNANDES, HCGP FOR R2 SRI B.M.ARUN, ADVOCATE FOR R3 R4-SERVED SRI ADITYA SONDHI, ADVOCATE FOR R5 SRI M.R.SHAILENDRA, ADVOCATE FOR R6 SRI P.B.APPAIAH, ADVOCATE FOR R7 R8-SERVED) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO.24654 OF 2005 DATED 10.01.2011.
THESE WRIT APPEALS COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT These appeals are filed to set aside the order dated 10.01.2011 passed in Writ Petition No.24654 of 2005 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 appeals are dismissed as having become infructuous.
SD/- SD/-
JUDGE JUDGE PB