IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 27th DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR.JUSTICE B M SHYAM PRASAD WRIT APPEAL NOS.3514-3517 OF 2011 (EDN/ RES) BETWEEN:
1. MRPL EDUCATION TRUST MRPL COLONY, POST:BALA, MANGALURU-575 030. D.K.DISTRICT.
2. ELHI PUBLIC SCHOOL SOCIETY REG.NO.361/S, SECTOR XII R.K.PURAM, NEW DELHI-110 022.
...APPELLANTS (BY SRI VIJAYA KRISHNA BHAT M., ADVOCATE) AND:
1. MRPL SCHOOL ALL PARENTS CO-ORDINATION COMMITTEE REPRESENTED BY ITS CO-ORDINATOR SRI HARISH KARNIRE, C/O LIFE CARE STORES, SVSS BANK BUILDING, OPP:PETROL PUMP, SURATKAL-575 104.
2. SRI SURYANARAYANA SON OF K.S.NIDAMBOOR, AGED ABOUT 49 YEARS, ‘KUSUMA’ OLD POST, OFFICE ROAD, SURATKAL.
3. SRI BASHEER BAIKAMPADY SON OF LATE B.ADBUL KHADER, AGED ABOUT 49 YEARS, BANTWAL CHAMBERS, BOIKAPADI.
4. SRI Y.RAGHAVENDRA RAO SON OF Y.RAMANANDA RAO, AGED ABOUT 38 YEARS, KADAMBODY HOSABETTY, SURATKAL.
5. THE CENTRAL BOARD OF SECONDARY EDUCATION, NEW DELHI. REPRESENTED BY ITS CHIF ADMINISTRATIVE OFFICER 6. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, NEW DELHI.
7. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, EDUCATION DEPARTMENT, VIKAS SOUDHA, BENGALURU-560 001.
8. THE DIRECTOR PUBLIC INSTRUCTIONS (SECONDAR EDUCATION) NEW PUBLIC OFFICERS, NRUPATHUNGA ROAD, BENGALURU.
…RESPONDENTS (BY SRI B.S.SACHIN, ADVOCATE FOR R1-R4 SRI M.R.SHAILENDRA, ADVOCATE FOR R5 SRI KALYAN S.BASAVARAJ, ADVOCATE FOR R6 SRI VASANTH V.FERNANDES, HCGP FOR R7 & R8) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NOS.10816-819 OF 2009 DATED 10.01.2011.
THESE WRIT APPEALS COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
ORDER These appeals are filed to set aside the order dated 10.01.2011 passed in Writ Petition Nos.10816- 819 of 2009 by the learned Single Judge.
2. In terms whereof, the writ petitions were allowed and it was held that Section 1(iii-a) of the Karnataka Education Act as amended by Karnataka Act 8 of 1998 was quashed as discriminatory.
3. It is submitted at the Bar that there is an amendment to the said Section on 22.04.2017.
4. In view of the same, the writ appeals are dismissed as having become infructuous.
SD/- SD/-
JUDGE JUDGE PB