IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2017 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION Nos.14351-14352/2017 (EDN – RES) BETWEEN :
1. SRI.VISHWABARATHI EDUCATION SOCIETY (REGD) SRI.VISHWABARATHI DIPLOMA COLLEGE OF EDUCATION D.ED/TCH, NEAR KMF MALLASANDRA TUMKUR TALUK, TUMKUR DISTRICT-572107 REP BY ITS SECRETARY.
2. SRI.VISHWABARATHI EDUCATION SOCIETY (REGD) SRI.VISHWABARATHI DIPLOMA COLLEGE OF EDUCATION D.ED/TCH, HADAVANAHALLI GATE TURUVEKERE TALUK TUMKUR DISTRICT – 572211 REP BY ITS SECRETARY. ...PETITIONERS (BY SRI.JAGADEESHACHARI, ADV.) AND :
1. STATE OF KARNATAKA BY ITS SECRETARY SOCIAL WELFARE DEPARTMENT VIKASA SOUDHA BANGALORE-560001.
2. THE COMMISSIONER SOCIAL WELFARE DEPARTMENT M.S. BUILDING BANGALORE – 560001.
3. THE ASSISTANT DIRECTOR GRADE-I TALUK SOCIAL WELFARE OFFICER TUMKUR TALUK TUMKUR DISTRICT – 572107.
4. THE ASSISTANT DIRECTOR GRADE-2 TALUK SOCIAL WELFARE OFFICER TURUVEKERE TALUK TUMKUR DISTRICT – 572107. …RESPONDENTS (BY SRI.R.B.SATYANARAYANA SINGH, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTS TO THE RESPONDENTS TO CONSIDER THE ANNEXURE-D AND E DATED 10.01.2017; DIRECTIONS TO THE RESPONDENT No.3 AND 4 TO PAY THE BALANCE AMOUNTS TO THE PETITIONER’S INSTITUTIONS FROM THE AMOUNTS OF RS.17,965/- BY FORTHWITH. ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Additional Government Advocate is permitted to accept notice on behalf of the respondents.
2. The petitioners have sought for a writ of mandamus directing the respondents to consider the Annexures-D and E dated 10.01.2017 and for consequential reliefs.
3. It is the case of the petitioners – institutions that they are running the D.Ed course in the institutions. The respondent No.1 by a notification dated 25.05.2007, passed orders and directions to the Districts and Taluks Social Welfare Departments regarding payment to the SC-ST Institutions towards tuition fees, development fees and other fees, totally amounting to Rs.17,965/- per student. It is the grievance of the petitioners-institutions that despite several representations made to the respondents to pay the balance amount in terms of the Government notification dated 25.05.2007, the same has not responded to. Hence, these writ petitions.
4. Learned counsel Sri.Jagadeeshachari, appearing for the petitioners-institutions placing reliance on the judgment of this Court, in Writ Petition No.65512/2016 and connected matters (D.D 02.02.2017), in the case of Sri. Suvarnamukhi College of Physical Education V/s. State of Karnataka and others, would contend that they are entitled to the balance amount in terms of the Government notification dated 25.05.2007. It is the obligation cast upon the concerned Authorities to consider the representations of the petitioners-Institutions and pass appropriate orders. But, the same having not responded to, the petitioners- Institutions are compelled to file these writ petitions.
5. On the other hand, learned Government Advocate do not dispute the orders passed by this Court in Writ Petition Nos.65512/2016 and connected matters, however, emphasizes that the Government has issued an order dated 23.02.2016 stipulating certain conditions for payment of fee to the students studying in various educational courses belonging to Scheduled Caste/Scheduled Tribe in unaided colleges. As such, the conditions stipulated in the Government Order dated 23.02.2016 are to be fulfilled by the petitioners. If not, they are not entitled to any balance fee as claimed.
6. Considering the rival submissions of the parties, it is appropriate to direct the Authorities to examine whether the petitioners-institutions are entitled to the plea made towards the arrears of fees as claimed in terms of the Government notification dated 25.05.2007 and the Government Order dated 23.02.2016.
Accordingly, the writ petitions are allowed. The respondents are directed to consider the representations of the petitioners-Institutions in accordance with law, more particularly in terms of the Government order dated 23.02.2016 within a period of two months from the date of receipt of the certified copy of the order.
Sd/- JUDGE NC