IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT WRIT PETITION No.41149/2018 (EDN-RES) Between:
Indus Trust, Having its Registered Office at Billapura Cross, Sarjapur, Bengaluru-562 125.
Represented by its Group Chief Financial Officer, Mr. V.S.Kumar, S/o.Late Rama Rao C, Aged about 57 years. ... Petitioner (By Sri. S.Basavaraj, Advocate) And 1. Sate 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 Instruction, Nrupatunga Road, Bengaluru-560 001.
3. The Block Education Officer, Anekal, Bengaluru District-562 125.
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. Pramodhini Kishan, AGA for R1 to R3; Sri. C.Shashikantha, ASG for R4) This Writ Petition is filed under Article 226 of the Constitution of India praying to quash the order dated 18.07.2018 passed by the National Commission for Linguistic Minority Educational Institutions, the R-4 herein in case F.No.674 of 2018/4130 vide Annexure-P and etc., This Writ Petition is coming on for Orders this day, the Court made the following:
ORDER The learned counsel for the petitioner submits that the subject matter of this writ petition being akin to the one in cognate W.P.Nos.16410-16411/2018 and other connected matters that are disposed off by this Court vide judgment dated 07.01.2019 and therefore, this writ petition may also be disposed of in terms thereof, granting similar relief to the petitioner. The operative portion of the said 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.
15. It is needless to mention that on the basis of the notification to be issued by the Central Government as directed above, the respondent – Commission shall consider the individual claims of the petitioner – institutions/Managements for the grant of linguistic minority status, without brooking any delay.
It is open to the petitioners to furnish on their own, or on solicitation by the obligee respondents any information or copies of documents as are necessary for due compliance of the directions above”.
2. On request, Smt. Pramodhini Kishan, the learned Additional Government Advocate accepts notice for respondent Nos. 1, 2 & 3 and Sri. Shashikantha, the learned Asst. Solicitor General on request of Court accepts notice for respondent No.4-National Commission for Minority Educational Institutions.
3. The material placed on record by the learned counsel for the petitioner justifies his above submission. There is no much dispute/denial from the opposing counsel.
4. In view of the above, this writ petition also succeeds in terms of the aforesaid Judgment dated 07.01.2019.
5. It is open to the petitioner to send a copy of this judgment to the concerned department of the Central Government for consideration and needful action.
Sd/- JUDGE RB