IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.51666/2019 (EDN – RES) BETWEEN:
KARNATAKA STATE MINORITIES EDUCATIONAL INISTITUTIONS MANAGEMENTS FEDERATION [R] No.126/125, H.K.P ROAD, BROADWAY SHIVAJINAGAR BANGALORE-560051 REP. BY CHAIRMAN/ITS PRESIDENT Mr. C.R.MOHAMED IMTIAZ S/O LATE Mr. C.ABDUL RAHIM, AGED 67 YEARS. …PETITIONER (BY SRI G.R.MOHAN, ADV.) AND:
1. STATE OF KARNATAKA EDUCATION DEPARTMENT REP. BY ITS SECRETARY M.S. BUILDINGS, BANGALORE-560001.
2. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS K.R. CIRCLE, BANGALORE-560001.
3. THE MANAGING DIRECTOR GOVERNMENT OF KARNATAKA PUBLIC INSTRUCTION DEPARTMENT KARNATAKA TEXT BOOK SOCIETY [REGD.] No.4, D.S.E.R.T BUILDING 100 FT RING ROAD, BANASHANKARI 3RD STAGE HOSAKEREHALLI BENGALURU-560085. …RESPONDENTS (BY SMT.PRAMODHINI KISHAN, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO THE RESPONDENTS NOT TO INSIST UPON THE UNAIDED AND MINORITY EDUCATIONAL INSTITUTIONS TO COMPLY WITH THE DIRECTION IN TERMS OF CIRCULAR DATED 31.10.2019 AS PER ANNEXURE-D AND COMMUNICATION DATED 04.11.2019 AS PER ANNEXURE-E; AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for a direction to the respondents not to insist upon the Un-aided and Minority Educational Institutions to comply with the direction issued in terms of Circular bearing No.A3/K.P.PU.SUM./P.PU.BE/03/19-20 dated 31.10.2019 and the communication dated 04.11.2019 at Annexures-D and E respectively.
2. The petitioner claims to be a registered association and it contended that the members of the petitioner-Association have been imparting education in their member schools and such educational institutions are granted permission by the respondents.
3. It is contended that the respondents without assigning the reasons or giving an opportunity of hearing to the petitioner are pressurizing the managements of the educational institutions to comply with the impugned Circular at Annexure-D herein for purchase of textbooks relating to Classes-1 to 10.
4. Learned counsel for the petitioner placing reliance on the order of this Court in W.P.No.5675/2010 and Connected Matter [D.D. 29.10.2010] as well as Rule 11 [3] of The Karnataka Educational Institutions [Classification, Regulation and Prescription of Curricula etc.,] Rules, 1995 would submit that purchase of uniform, clothing and textbooks from the school or from a shop etc., suggested by school authorities and stitching of uniform clothing with the tailors suggested by the school authorities shall be at the option of the student or his parent. The school authorities shall make no compulsion in this regard. It is submitted that in the earlier litigation relating to the W.P.No.5675/2010, a memo was filed by the learned Government Advocate submitting that the purchase of textbooks printed by the Government are not compulsorily to be purchased by the school managements nor any civil consequences are contemplated if textbooks are not purchased from the Government. On the basis of which a decision was rendered by this Court on 29.10.2019. However, giving a go-bye to the undertaking given before the Court, the Circular dated 31.10.2019 has been issued and the same has been communicated in terms of Annexure-E, non-compliance of which would result in civil consequences.
5. Learned Additional Government Advocate on instructions would submit that the Circular dated 31.10.2019 categorically makes it clear that the school managements are required to place their indent according to their requirement in the Online Students Achieving Tracking System [SATS]. In the event the textbooks are not necessary, the school management can make ‘0’ indent. That being the position, there is no compulsion to place the indents for textbooks by the managements.
6. The said submission is placed on record.
7. In terms of the special note No.1 of the circular dated 31.10.2019, what is compulsorily to be recorded on the online SATS is placing of an indent with the requirement of the textbooks by management. It is further made clear that in the event of textbooks are not required, it has to be placed as ‘0’.
8. In view of the said interpretation now placed before the Court on behalf of the State Government and in the light of the aforesaid Circular, it is nothing but an apprehension of the petitioner that the members of the petitioner-institution are compelled to place the indent for the textbooks.
The apprehension of the petitioner being allied with, in terms of the submissions made on behalf of the State Government, writ petition does not survive for consideration. Accordingly, stands dismissed.
Sd/- JUDGE NC.