IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANASWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NOs.660-661 OF 2011 (GM - RES) & WRIT APPEAL NOs.864-873 OF 2011 AND WRIT APPEAL NOs.2568-2590 OF 2011 IN W.A.NOs.660-661/2011 & 864-873 OF 2011 BETWEEN:
1. MANAGEMENTS OF INDEPENDENT CBSE SCHOOLS ASSOCIATION KARNATAKA, NO.9:1, 13TH MAIN, J BLOCK, KANAKADASANAGARA, BETTAHALLI, 3RD STAGE, MYSORE.
BY ITS GENERAL SECRETARY, MR.M.SRINIVASAN, AGED MAJOR.
2. MANAGEMENT ASSOCIATION OF SCHOOLS KARNATAKA, (SCHOOLS AFFILIATED TO CISCE & CBSE) REGD OFFICE NEW HORIZON PUBLIC SCHOOL, 100 FT ROAD, INDIRANAGAR, BANGALORE – 560 008.
3. DELHI PUBLIC SCHOOL, 35/1A, SATANUR VILLAGE, JALA HOBLI, TALUK, BANGALORE – 562 149.
BY ITS AUTHORISED SIGNATORY, MR. MANSOOR ALI KHAN, AGED MAJOR.
4. DELHI PUBLIC SCHOOL, 11 K M KANAKAPURA ROAD, BIKASPURA ROAD, KONNANAKUNTE CROSS, BANGALORE – 560 062.
BY ITS AUTHORISED SIGNATORY, MR MANSOOR ALI KHAN, AGED MAJOR.
5. DELHI PUBLIC SCHOOL, 43/1B & 45, SULIKUNTE VILLAGE, DOMMASANDRA POST, SARJAPUR ROAD, BANGALORE – 560 125.
BY ITS AUTHORISED SIGNATORY, MR MANSOOR ALI KHAN, AGED MAJOR.
6. GIFTED EDUCATION & RESEARCH FOUNDATION, INNOVATIVE INTERNATIONAL SCHOOL, 48, 3RD CROSS, 29TH MAIN, B T M LAYOUT, SECOND STAGE, BANGALORE – 560 076.
BY ITS CHAIRMAN, MR M SRINIVASAN, AGED MAJOR.
7. BRIGADE FOUNDATION, BRIGADE SCHOOL, J P NAGAR, 7TH PHASE, BANGALORE – 560 078. BY ITS TRUSTEE, MRS GEETHA SHANKAR, AGED MAJOR.
8. S J R PUBLIC SCHOOL, C A SITE NO. (P), 5TH CROSS, 7TH MAIN ROAD, I STAGE, III BLOCK BHR LAYOUT, BANGALORE – 560 043. BY ITS PRINCIPAL, MR S ANJANA SINHA, AGED MAJOR.
9. KAUTILYA VIDYALAYA, 9/1, 13TH MAIN, "J" BLOCK, KANAKADASANAGAR, DATTAGALLI 3RD STAGE, MYSORE – 570 023.
BY ITS CHAIRMAN, MR R RAGHU, AGED MAJOR.
10. MARUTHI PUBLIC SCHOOL, ABHAYAPURI, MELEKOTE, TUMKUR – 571 102.
BY ITS MANAGING TRUSTEE, MR M A VENKATESH MURTHY, AGED MAJOR.
11. CHILDREN’S EDUCATION SOCIETY, OXFORD SENIOR SECONDARY SCHOOL, FIRST PHASE J P NAGAR, BANGALORE – 560 078. BY ITS CHAIRMAN, MR S NARASARAJU, AGED MAJOR.
12. VEERASOUDHA TRUST, FREEDOM INTERNATIONAL SCHOOL, C A 33, 12TH CROSS ROAD, SECTOR 4, HSR LAYOUT, BANGALORE – 560 102.
BY ITS SECRETARY, MR S RAMACHANDRA, AGED MAJOR. ... APPELLANTS (BY SRI. S.BASAVARAJ, ADV.,) AND 1. RANJITHA KANAKARAJ, W/O KANAKARAJ, AGED 55 YEARS, NO.568, 7TH CROSS, LINGARAJAPURAM, BANGALORE – 560 084.
2. STATE OF KARNATAKA, BY THE SECRETARY, DEPARTMENT OF EDUCATION, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE – 560 001.
3. BISHOP/CHAIRMAN, CSI KARNATAKA CENTRAL DIOCESE, DIOCESAN OFFICE NO.20, 3RD CROSS, CSI COMPOUND, BANGALORE – 560 027.
4. BISHOP COTTON GIRLS SCHOOL, ST. MARKS ROAD, BANGALORE – 560 001. BY ITS PRINCIPAL.
5. MRS PRINCES, PRINCIPAL’S QUARTERS, BISHOP COTTON GIRLS SCHOOL, ST.MARKS ROAD, BANGALORE – 560 001.
6. CENTRAL BOARD FOR SECONDARY EDUCATION PS-1-2, INSTITUTIONAL AREA, J P EXTENSION, PATAPARGAN, DELHI – 110 092.
7. COUNCIL FOR INDIAN SCHOOL, CERTIFICATE EXAMINATIONS, PRAGATI HOUSE, 3RD FLOOR, 47-48, NEHRU PLACE, NEW DELHI – 110 019.
8. MRS. LYDIA JOSHUA, W/O REV. VICTOR JOSHUA, 62 YEARS, PRINCIPAL, BISHOP COTTON GIRL’S SCHOOL, ST. MARKS ROAD, BANGALORE – 560 001.
9. SRI.NIMISHAMBHADEVI EDUCATION SOCIETY, RUNNING KRISHNA INTERNATIONAL PUBLIC SCHOOL, AT 3RD AND 4TH CROSS, LAKSHMAN NAGAR, OPPOSITE MOHAN THEATRE, HEGGANAHALLI CROSS, BANGALORE – 560 091, REPRESENTED BY ITS ADMINISTRATOR MR.MOHAN KUMAR G., S/O LATE GANGIAH, AGED ABOUT 39 YEARS.
... RESPONDENTS (BY SRI. L.GOVINDRAJ, ADV., FOR R1; SRI. S.S.MAHENDRA, AGA FOR R2;
SRI.B.M.ARUN, ADV., FOR R3; R4 AND R8 – SERVED; SRI. M.R.SHAILENDRA, ADV., FOR R6;
SRI. P.B.APPAIAH, ADV., FOR R7; SMT.NIDHISHREE B.V., ADV., FOR R5) *** THESE WRIT APPEALS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET-
ASIDE THE ORDER PASSED IN WRIT PETITION NO.24654/2005 (GM – RES) DATED 10.01.2011.
*** IN W.A.NOs.2568-90/2011 BETWEEN:
1. JNANASAROVARA INTERNATIONAL RESIDENTIAL SCHOOL, PARSHURAMNAGAR BHUGATHIHALLI, BANNUR ROAD, MYSORE. KARNATAKA.
REPRESENTED BY ITS CHAIRMAN, MR.SUDHAKAR SHETTY.
2. BHAGEERATHI BAI NARAYANA RAO MAANAY PUBLIC SCHOOL, RUN BY BHAGEERATHI BAI NARAYANA RAO MAANAY CHARITIES, 12TH MAIN ROAD, 27TH CROSS, BANASHANKARI 2ND STAGE, BANGALORE – 560 070.
REPRESENTED BY ITS TRUSTEE, MR. ASHOK R NEY.
3. M/S PREMIER EDUCATIONAL SOCIETY, LITTLE FLOWER PUBLIC SCHOOL, #C.A.SITE NO.1, 100 FT. RING ROAD, NEXT TO HOSAKEREHALLI TELEPHONE EXCHANGE, BANASHANKARI, 3RD STAGE, BANGALORE – 560 085, REPRESENTED BY ITS SECRETARY, MR.IQBAL AHMED.
4. YENKAY EDUCATION SOCIETY, SISHU GRIHA ENGLISH SCHOOL, NO.3, HAL 3RD STAGE, BIKASPUR ROAD, BANGALORE – 560 075, REPRESENTED BY ITS PRESIDENT, SUNANDA.
5. S L N EDUCATION TRUST, ST. MARY’S CONVENT NO.1, T.DASARAHALLI, BANGALORE – 560 057.
REPRESENTED BY ITS SECRETARY, T N VENKATESH.
6. AUDEN INSTITUTE OF EDUCATION TRUST, BSK 3RD STAGE, VII BLOCK, BANGALORE – 560 085. REPRESENTED BY ITS SECRETARY, N RAMANNA.
7. LAWRENCE HIGH SCHOOL, 9TH MAIN, HSR LAYOUT, VI SECTOR, BANGALORE – 560 102.
REPRESENTED BY ITS TRUSTEE, P M SUBBAAH.
8. RASHTREEYA SIKSHANA SAMITHI TRUST, RASHTREEYA VIDYALAYA PUBLIC SCHOOL, RASHTREEYA VIDYALAYA ROAD, NEAR LALBAGH WEST GATE, VISWESWARAPURAM, BANGALORE – 560 004, REPRESENTED BY ITS SECRETARY, MR SOMASHEKAR.
9. MITRA FOUNDATION, MITRA ACADEMY,NO.7/1, 2ND MAIN, ARAKERE,BANGALORE – 560 076.
REPRESENTED BY ITS CHAIRMAN V SAVITHRI.
10. SRI. KUMARAN CHILDREN’S HOME EDUCATIONAL COUNCIL, SRI KUMARAN PUBLIC SCHOOL, TATA SILK FARM, BASAVANAGUDI, BANGALORE – 560 004, REPRESENTED BY ITS SECRETARY, MEENAKSHI BALAKRISHNAN.
11. CLARENCE PUBLIC SCHOOL, NO.710, 7TH MAIN, J P NAGAR, 3RD PHASE, BANGALORE – 560 078. REPRESENTED BY ITS PRINCIPAL NIMMI JEORGE.
12. DAFOODILS ENGLISH SCHOOL, 4TH MAIN, RMV 2ND STAGE, SANJAYNAGAR, BANGALORE – 560 094.
REPRESENTED BY ITS SECRETARY, N T CHENGAPPA.
13. SRI. SAHAKARA EDUCATIONAL SOCIETY, SCHOOL VIVEKANANDA, NO.1350, ‘A’ BLOCK, SAHAKARANAGAR, BANGALORE – 560 092.
REPRESENTED BY ITS SECRETARY SRI CHANDRASHEKAR.
14. SRI. R V EDUCATION TRUST, SRI. R V SCHOOL, R V GARDEN, P C HALLI, NH-4, BYPASS, KOLAR – 563 101. REPRESENTED BY ITS MANAGING TRUSTTE, MR.SOUVERSH P R.
15. FLORENCE PUBLIC SCHOOL, NO.6, P & T COLONY, RABINDRANATH TAGORE NAGAR, BANGALORE – 560 032. REPRESENTED BY ITS SECRETARY A J HARIDAS.
16. AMARA JYOTHI PUBLIC SCHOOL, BASAVANAPURA MAIN ROAD, DEVA SANDRA, K R PURAM, BANGALORE – 560 003. REPRESENTED BY ITS DIRECTOR, MRS VIDYA SHETTY.
17. KAUTILYA VIDYALAYA, AYYAJAYYANNA HUNDI, DATTAGALL, MYSORE TALUK, MYSORE – 570 023. KARNATAKA.
REPRESENTED BY ITS CHAIRMAN MR.R.RAGHU.
18. ROYALE CONCORDE INTERNATIONAL SCHOOL, 6TH B MAIN ROAD, 2ND BLOCK, HRBR LAYOUT, KALYAN NAGAR, BANGALORE – 560 043.
REPRESENTED BY ITS PRINCIPAL, MRS LEEMA M J SWAMY.
19. MADHAVAKRIPA ENGLISH NURSERY & HIGHER PRIMARY SCHOOL, MANIPAL, UDUPI DISTRICT. KARNATAKA 576 104, REPRESENTED BY ITS PRINCIPAL DR. KUSUM.
20. B.R.S. GLOBAL CENTRE FOR EXCELLENCE, NO.15/3, KASAVANAHALLI VILLAGE, SARJAPURA MAIN ROAD, CARMELLARAM POST, BANGALORE – 560 035, KARNATAKA REPRESENTED BY ITS PRINCIPAL MR. P LATHIKA.
21. THE DEEN’S EDUCATION TRUST, DEEN’S ACADEMY, NO.64/1, & 65/2E, C C ROAD, WHITE FIELD, BANGALORE – 560 066, KARNATAKA REPRESENTED BY ITS GENERAL SECRETARY, MR FARAZ MOHIUDDIN.
22. SRI JANANAKSHI VIDYA NIKETAN, SURVEY NO.248, HALAGEVADERSHALI, KANGRI HOBLI, SRI RAJ RAJESHWARI VIDYA NIKATAN, BANGALORE – 560 039. KARNATAKA.
REPRESENTED BY ITS SECRETARY MR.HAYAGREV ACHAR.
23. MONTFORT EDUCATIONAL & CHARITABLE TRUST OF THE BROTHERS OF ST.GABRIEL LAKE MONTFORT SCHOOL, K S HALLI, VIRGONAGAR POST, BANGALORE - 560 049.
KARNATAKA.
REPRESENTED BY ITS CHAIRMAN BRO.VARGHESE. ... APPELLANTS (BY SRI. S.BASAVARAJ, ADV.,) AND 1. RANJITHA KANAKARAJ, W/O KANAKARAJ, AGED 55 YEARS, NO.568, 7TH CROSS, LINGARAJAPURAM, BANGALORE – 560 084.
2. STATE OF KARNATAKA, BY THE SECRETARY, DEPARTMENT OF EDUCATION, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE – 560 001.
3. BISHOP/CHAIRMAN, CSI KARNATAKA CENTRAL DIOCESE, DIOCESAN OFFICE NO.20, 3RD CROSS, CSI COMPOUND, BANGALORE – 560 027.
4. BISHOP COTTON GIRLS SCHOOL, ST. MARK’S ROAD, BANGALORE – 560 001. BY ITS PRINCIPAL.
5. MRS PRINCESS, PRINCIPAL’S QUARTERS, BISHOP COTTON GIRLS SCHOOL, ST.MARKS ROAD,BANGALORE – 560 001.
6. CENTRAL BOARD FOR SECONDARY EDUCATION PS-1-2, INSTITUTIONAL AREA, J P EXTENSION, PATAPARGAN, DELHI – 110 092.
7. COUNCIL FOR THE INDIAN SCHOOL, CERTIFICATE EXAMINATIONS, PRAGATI HOUSE, 3RD FLOOR, 47-48, NEHRU PLACE, NEW DELHI – 110 019.
8. MRS. LYDIA JOSHUA, W/O REV. VICTOR JOSHUA, 62 YEARS, PRINCIPAL, BISHOP COTTON GIRL’S SCHOOL, ST. MARKS ROAD, BANGALORE – 560 001.
(BY SRI. S.S.MAHENDRA, AGA FOR R2; R1, R3, R5, R7 – SERVED;
... RESPONDENTS SRI. SRIHARI A.V., ADV., FOR R4 & R8; SRI. M.R.SHAILENDRA, ADV., FOR R6) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET- ASIDE THE ORDER PASSED IN WRIT PETITION NO.24654/2005 DATED 10.01.2011.
THESE WRIT APPEALS COMING ON FOR ORDERS THIS DAY ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING:
JUDGMENT The appellants in these appeals are challenging order dated 10.01.2011 passed by the Hon’ble Single Judge in W.P.No.24654/2005(GM-RES). Even though they are not parties in the writ proceedings, they are aggrieved by the order passed by the learned Single Judge, allowing the writ petition.
2. The learned counsel for the appellants submits that in the instant writ petition, petitioners before the Hon’ble Single Judge have challenged insertion of Section I(iii-a) in the Karnataka Education Act as amended by Karnataka Act No.8 of 1998. The learned Single Judge has allowed the writ petition on the ground that insertion of Section I(iii-a) in the Karnataka Education Act is violative of Article 14 of the Constitution of India.
3. The appellants are Managements of Schools affiliated to CBSE & ICSE. The said schools are regulated directly by the Board / Council strictly in accordance with stringent regulations. Further, no special concessions are accorded to the ICSE & CBSE Schools and they are treated on par with the other educational institutions.
4. Learned counsel for appellants submits that in view of subsequent amendment to the Karnataka Education Act in the year 2017, the vires of which has been challenged before the Hon’ble Single Judge, these writ appeals have been rendered infructuous. His submission is placed on record.
5. Accordingly, these appeals are disposed of as having become infructuous.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VK