IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 39637 OF 2018 (EDN-RES) BETWEEN:
GLOBAL CITY EDUCATIONAL TRUST REGISTERED TRUST 135, 5TH AMIN, 6TH CROSS MALLESHPALYA BANGALORE – 560 075 BY ITS PRESIDENT, JAYAPAL R S/O V RAMAIAH AGED 49 YEARS RESIDING AT 49, 19TH ‘J’ CROSS KAGGADASAPURA BANGALORE – 560 083.
… PETITIONER (BY SRI. S BASAVARAJ, ADVOCATE) AND:
1. STATE OF KARNATAKA BY THE SECRETARY DEPARTMENT OF EDUCATION M S BUILDING DR. AMBEDKAR VEEDHI BANGALORE – 560 001.
2. THE COMMISSIONER FOR PUBLIC INSTRUCTION DEPARTMENT OF PUBLIC INSTRUCTION OFFICE OF THE COMMISSIONER FOR PUBLIC INSTRUCTION NRUPATUNGA ROAD BANGALORE – 560 001.
3. THE BLOCK EDUCATION OFFICER KRISHNARAJAPURAM BANGALORE DISTRICT- 560 036.
4. NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS GATE NO.4, 1ST FLOOR, JEEVAN TARA BUILDING, PATEL CHOWK 5, SANSAD MARG NEW DELHI – 110 001. BY ITS REGISTRAR … RESPONDENTS (BY SMT. PRAMODHINI KISHAN, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 08.06.2018 PASSED BY THE NATIONAL COMMISSION FOR LINGUISTIC MINORITY EDUCATIONAL INSTITUTIONS, THE RESPONDENT NO.4 HEREIN IN CASE F.NO.351 OF 2018/3346 VIDE ANNX-P AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The learned counsel for the petitioner submits that this is a matter pertaining to the claim for the grant of Linguistic Minority Status to the petitioner-institution so that it will have the exemption from the coercive actions from the official respondents under the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and that the same is covered by the judgment dated 07.01.2019 rendered by this Court in a cognate W.P. Nos.16410-16411/2018 (EDN-RES) and connected matters and therefore, a similar relief needs to be extended to the petitioner-institution herein.
2. In the aforesaid cognate writ petitions, the operative portion of the judgment reads as under:
14. In the above circumstances, these writ petitions succeed; a Writ of Mandamus issues to the respondent State Government to press forthwith the Central Government for the issuance of a notification under Section 2(f) of the National Commission for Minority Educational Institutions Act, 2004, identifying linguistic minorities in the State of Karnataka on the basis of the Government Order No. ED 226 MAHITI 2018, BENGALURU, dated 05.11.2018; the Central Government shall process the claim for the issuance of such a notification, within an outer limit of three months, from the date the State Government places at its hands the said Government Order.
3. The assertion of the petitioner is not much disputed by the counsel appearing on the opposing side. However the learned Additional Government Advocate, Smt.Pramodhini Kishan submits that the credentials of the petitioner need to be ascertained by the jurisdictional officials.
In view of the above, this writ petition succeeds in terms of the judgment dated 07.01.2019 mentioned above.
No costs.
Sd/- JUDGE Bsv