IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION No.9467/2017 (EDN-RES) Between:
Chalasani Education Trust No.240, Main Road, Whitefield, Bengaluru – 560 066, Represented by its Secretary, Srinivas Kumar, S/o. Dr.C.Purnachandra Rao, Aged 37 years (By Sri Basavaraj G.S, Advocate) And 1. State of Karnataka by the Secretary, Department of Education, M.S.Building, Dr. Ambedkar Veedhi, Bengaluru – 560 001 2. The Commissioner for Public Instruction, Department of Public Instruction, Office of the Commissioner, for Public Instructions, Nrupatunga Road, Bengaluru – 560 001 3. The Block Education Officer Vasanthnagar, Bengaluru – 560 001 ... Petitioner 4. National Commission for Minority Educational Institutions, Gate No.4, 1st floor, Jeevan Tara Building, Patel Chowk, No.5, Sansad Marg, New Delhi – 110 001 By its Registrar ... Respondents (By Smt. Pramodini Kishan, AGA for R1 to R3; Sri Anupama Hegde, Advocate for R4) This Writ Petition is filed under Article 226 of Constitution of India, praying to quash the Government order as per Annexure-T dated 18.06.2014 issued by the R-1 as being violative of Article 30 of the Constitution of India as it violates the fundamental rights of the unaided minority education institutions and etc.
This Writ Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER The petitioner has sought for the following prayers:-
(i) Quashing the Government Order No.ED 27 Mahiti 2012 (bagal) Bangalore as per Annexure ‘T’ dated 18.06.2014 issued by the first respondent as being violative of Article 30 of the Constitution of India as it violates the Fundamental Rights of the Unaided Minority Educational Institutions;
(ii) Quashing direction/letter of the third respondent-Block Education Officer bearing No.CI.R.T.E-01/2016-17 dated 18.02.2017 produced and marked Annexure-AA;
(iii) Directing the respondents 1 to 3 not to enforce the provisions of Right of Children for Free and Compulsory Education Act, 2009, against the educational institution established by the petitioner in the name Indus International School; and (iv) Pass such other order or orders as this Hon’ble Court deem fit to grant in the circumstances of the case in the interest of justice and equity.
2. For the purpose of seeking the aforesaid reliefs petitioner must have a status of minority institution. The Union of India is yet to declare that petitioner-institution as a minority institution. It is learnt that it is pending consideration before the Union of India.
3. In view of these facts and circumstances, petitioner has no locus to question the validity of Annexure-T dated 18.06.2014 and Annexure-AA dated 18.02.2017 and petitioner has not made out a case so as to interfere with the aforesaid Annexures.
Accordingly, writ petition stands dismissed reserving liberty to the petitioner to pursue the matter relating to minority status which is pending consideration before the Union of India.
Sd/- JUDGE KPS