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 NO.2450 OF 2011 (EDN/ RES) BETWEEN:
THE PARACHUTE REGIMENT SCHOOL NEAR MEKHRI CIRCLE, J.C.ROAD, BENGALURU-560 006.
REPRESENTED BY ITS ACTING CHAIRMAN.
...APPELLANT (BY SRI H.S.PRASHANTH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, M.S.BUILDING, BENGALURU-560 001. REPRESENTED BY ITS SECRETARY 2. THE CENTRAL BOARD OF SECONDARY EDUCATION HEARD OFFICE PS 1-2, INSTITUTIONAL AREA, I.P. EXTENSION PATPARGANJ, NEW DELHI-110 092.
REPRESENTED BY ITS CHAIRMAN, REGIONAL OFFICE PLOT NO.1630A, “J” BLOCK, 16TH MAIN ROAD, ANNA NAGAR, CHENNAI-600 040.
3. PARACHUTE REGIMENT SCHOOL PARENTS’ ASSOCIATION NO.9, FIRST MAIN ROAD, FIRST CROSS, MOTHINAGAR (NEAR KABIR ASHRAM MANJU FINANCE BUILDING), R.T.NAGAR, BENGALURU-560 032. REPRESENTED BY ITS SECRETARY.
…RESPONDENTS (BY SRI VASANTH V.FERNANDES, HCGP FOR R1 SRI M.R.SHAILENDRA, ADVOCATE FOR R2 SRI RAMESHCHANDRA, ADVOCATE FOR C/R3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.15296 OF 2009 DATED 10.01.2011.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
ORDER This appeal is filed to set aside the order dated 10.01.2011 passed in Writ Petition No.15296 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 appeal is dismissed as having become infructuous.
SD/- SD/-
JUDGE JUDGE PB