IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.38645/2016 C/W WRIT PETITION No.44338/2016 (GM, WAKF) IN W.P.NO.38645/2016 BETWEEN:
SRI. SULAIMAN S/O KADRIBYARI, AGED ABOUT 39 YEARS, R/AT KARIMAYAL HOUSE, KEDILA VILLAGE AND POST, BANTWAL TALUK, DK.DISTRICT-574 325.
... PETITIONER (BY SRI RAJARAMA SOORYAMBAIL, ADVOCATE) AND:
1. MOHIYUDDEEN JUMA MASJID AND NOORUL HUDA MADRASA, PATRAKODI, KEDILA, BANTWAL TALUK, D.K.DISTRICT-574 220. REP.BY ITS SECRETARY.
2. THE KARNATAKA STATE BOARD OF WAKFS REPRESENTED BY ITS CEO,, CUNNINGHAM ROAD, BENGALURU-560 001.
3. THE KARNATAKA DISTRICT BOARD OF WAKFS MANGALURU, D.K.DISTRICT.
REP.BY ITS SECRETARY.
4. THE STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY, MINORITIES WELFARE DEPARTMENT, VIKAS SOUDHA, BENGALURU-560 001.
... RESPONDENTS (BY SRI VIJAY KUMAR A.PATIL, AGA FOR R4 SRI B.LETHIF, ADVOCATE FOR R1 SMT S.R.ANURADHA, ADVOCATE FOR R2 (ABSENT) R3-SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUSH THE IMPUGNED ORDER DTD:10.6.2016 PASSED BY R-1 AS PER ANNEXURE-A AND DIRECT THE R-1 INSTITUTION TO FOLLOW THE SYLLABUS OF ISLAMIC EDUCATION BOARD OF INDIA AS PER THE CIRCULAR DTD:10.10.2011 ISSUED BY THE R-4 STATE OF KARNATAKA VIDE ANNEXURE-C.
IN W.P.NO.44338/2016 BETWEEN:
SRI USMAN S/O ABDUL SAMAD, AGED ABOUT 34 YEARS, R/AT MITTAPADPU HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K. DISTRICT-574 220. ... PETITIONER (BY SRI LETHIF B., ADVOCATE) AND:
1. THE GOVERNMENT OF KARNATAKA DEPARTMENT OF MINORITIES WELFARE, HAJ & WAKF, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001 REP. BY ITS PRINCIPAL SECRETARY 2. THE KARNATAKA STATE BOARD OF WAKFS REP BY CHIEF EXECUTIVE OFFICER, CUNNINGHAM ROAD, BANGALORE-560 052.
3. WAKF OFFICER DISTRICT WAKF OFFICE, D.C. COMPOUND, MANGALURU, D.K. DISTRICT-575 001.
4. STATION HOUSE OFFICER PUTTUR TOWN POLICE STATION, PUTTUR TALUK, D.K. DISTRICT-574 001.
5. MOHIUDDIN JUMMA MASJID AND NOORUL-HUDA MADRASA "PATRAKODI KEDILA VILLAGE, BANTWAL TALUK, D.K. DISTRICT-574 220. REP, BY ITS PRESIDENT, HAJI ABDUL HAMEED.
... RESPONDENTS (BY SRI Y.D.HARSHA, AGA FOR R1 & R4 SMT. S.R.ANURADHA, ADVOCATE FOR R2 (ABSENT) SRI PRATHEEP K.C., ADVOCATE FOR R5 (ABSENT) R3-SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS TO IMPART THE SYLLABUS OF SAMSTHA KERALA MATA VIDYABHYASA BOARD AS PER THE DIRECTION OF THE R-1 DATED 10.10.2011 AT ANNEXURE-A WITH THE NECESSARY POLICE PROTECTION IN R-5 INSITUTION.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In W.P.No.38645/2016 Sri Rajarama Sooryambail, learned counsel for the petitioner, Sri Vijaya Kumar A.Patil, learned Additional Government Advocate for respondent No.4 and Sri B.Lethif, learned counsel for respondent No.1.
In W.P.No.44338/2016 Sri B.Lethif, learned counsel for the petitioner and Sri Y.D.Harsha, learned Additional Government Advocate for respondent Nos.1 and 4.
2. In these petitions filed under Articles 226 and 227 of the Constitution of India, the petitioners inter alia have prayed for the following reliefs:
In W.P.No.38645/2016 (a) Issue a writ of certiorari or any other writ, order or direction quashing the impugned order dated 10.06.2016 passed by respondent No.1, as per Annexure-A;
(b) Issue a writ of mandamus directing the 1st respondent-Institution to follow the Syllabus of Islamic Educational Board of India as per the Circular dated 10.10.2011 issued by the 4th respondent State of Karnataka, vide Annexure-C; and (c) Issue any other writ, order or direction as this Hon’ble Court may deem fit to grant in the facts and circumstances of the case including an order as to costs.
In W.P.No.44338/2016 (a) Issue writ of mandamus directing the respondents to impart the syllabus of Samastha Kerala Mata Vidhyabhyasa Board as per the direction of the first respondent dated 10.10.2011 at Annexure-a with the necessary police protection in the 5th respondent institution; and (b) Grant such other order, direction or wirt as this Hon’ble Court deems fit in the facts and circumstances of the case including the cost of this writ petition, in the interests of justice and equity.
3. The learned counsel for respondent No.1 submits that the controversy involved in the present writ petitions is covered by the decision of the Bench of this Court dated 02.02.2015 passed in W.P.Nos.35626- 627/2013 and other connected matters.
4. The aforesaid submission is not disputed by the learned counsel for the petitioners.
5. In view of the aforesaid submission made and the reasons assigned by the Bench of this Court in W.P.Nos.35626-627/2013 and other connected matters dated 02.02.2015, the writ petitions are disposed of on similar terms and with same direction.
Sd/- JUDGE PB