IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE G.NARENDAR WRIT PETITION NOS.8798-8800/2014(S) Between 1. The Karnataka Regional Commission For Education Bengaluru (Regd), 2nd Cross, Da Costa Layout, St.Thomas Town, Bengaluru – 560 084. Represented by its Secretary; Dr.Sr.M.Genevieve, Aged 72 years, D/o Late P.M.Aseervadam.
2. Karnataka State Minorities Educational Institutions Managements Federation (R), No.126/125, HKP Road, Broadway Shivajinagar, Bengaluru – 560 051, Represented by its President; Mr.C.R.Mohamed Imtiaz, Aged 65 years, S/o late Mr.C.Abdul Rahim.
3. Bethany Educational Society (Regd), Mangaluru – 575002, Represented by its Deputy Secretary; Mr.M.Jeevan B.S., Aged 61 years, D/o Ignatius Menda.
.…Petitioners (By Sri G.R. Mohan, Advocate) And 1. State of Karnataka, Education Department, Represented by its Secretary, M.S. Buildings, Bengaluru – 560 001.
2. The Commissioner, Department of Public Instructions, K.R. Circle, Bengaluru – 560 001.
... Respondents (By Sri E.S. Indiresh, AGA,) These writ petitions filed Under Articles 226 and 227 of the Constitution of India praying to direct to withdraw the letters sent by the respondent No.2 vide Annexure – A, B, C dated 20.01.2014 and Annexure – D dated 03.02.2014 to the members of the petitioners Association as the same is contrary to the Article 29 and 30 of the constitution of India etc.
These writ petitions coming on for Orders, this day the Court made the following:
ORDER Heard learned counsel for the petitioners and learned AGA for respondents.
2. Petitioners are running Educational Institutions, which are admitted to grant-in-aid. The petitioners have filed the above writ petitions calling in question the letters addressed by the respondents at Annexures – A, B, C and D. Now, it is submitted that after filing of the writ petitions, the respondents have issued one more show cause notice on 01.03.2017. Learned counsel for the petitioners would submit that the respondents have under the show cause notice proposed an action based on the letters marked at Annexures – A, B, C and D withdrawal of which sought for under the writ petitions.
3. It is submitted that in view of the subsequent development, the petitioners may be permitted to reply to the show cause notice including canvassing the case for withdrawal of the letters. It is submitted that the writ petitions may be disposed of by reserving such liberty to the petitioners to make such a representation.
4. Learned AGA submits that the respondents have no objection to consider the objection, if any, preferred by the petitioners.
5. The submission is placed on record.
Accordingly, the writ petitions are disposed of by permitting the petitioners to cause a reply to the show cause notice dated 01.03.2017 and also submit their objections to the letters which are called in question in these writ petitions. If such representation is made, the same shall be considered and disposed of by the respondents within a period of two months from the date of receipt of certified copy of the order.
With the above observations, writ petitions are disposed of accordingly.
Sd/-
JUDGE MR/PN