Amar Educational and Welfare Association and Others vs The State of Karnataka and Others

B. Manohar, J.

The petitioners, in these writ petitions, have sought for quashing the order dated 27.06.2014 issued by the 3rd respondent and to declare condition No. 4 in the Government Circular dated 24.04.2013 as illegal and contrary to Article 30(1) of the Constitution of India. Further, they have also sought for a writ of mandamus directing the respondents to grant permission to commence 8th standard from the Academic Year 2015-16.

The grievance of the petitioners is that the State Government granted permission to the 1st petitioner to start a Primary School from 1st standard to 7th standard from the Academic Year 1998-99 onwards. Subsequently, the school was admitted to salary grant. The 1st petitioner also got permission to start 9th and 10th standard from the Academic Year 2013-14 and 2014-15 respectively. In the meanwhile, the 1st petitioner made an application to the competent authority seeking permission to start 8th standard. The 3rd respondent, by its communication dated 27.06.2014 informed the petitioner that in view of the Government Circular dated 24.04.2013, permission to start 8th standard cannot be granted.

Petitioners contend that the school run by 1st petitioner being a minority institution imparting education in Urdu medium and there being no minority institution nearby, imparting education in Urdu medium for 8th standard, it is the duty of the Government to grant permission to start 8th standard for the benefit of Urdu studying students. It is contended that when the school is having all necessary infrastructure to run the primary, higher primary and secondary school and also that the Block Education Officer has recommended for grant of permission to start 8th standard, rejection of the representation by the 3rd respondent only on the basis of the Government Circular dated 24.04.2013, is contrary to law. Hence the writ petitions.

Shri M. Kumar, learned Additional Government Advocate appearing for the respondents, contended that the Government has taken a policy decision not to grant permission to start 8th standard to the aided primary schools conducting classes from 1st to 7th standard. In view of the said decision, the 3rd respondent has passed the impugned order and, as such, learned Additional Government Advocate sought for dismissal of the writ petitions.

I have carefully considered the arguments addressed by the learned counsel appearing for the parties and perused the impugned orders passed by the 3rd respondent as well as the State Government.

The records clearly disclose that the competent authority granted permission to the 1st petitioner to start primary school from 1st to 7th standard in Urdu medium for the Academic Year 1998-99 onwards. The school run by the 1st petitioner has got all necessary infrastructure to run the primary/higher primary school as well as the secondary school. In the meanwhile, a representation was made seeking permission to start 8th standard. However, the said representation came to be rejected. It is also to be seen that permission has been granted to start 9th and 10th standard from the Academic Year 2013-14 and 2014-15 respectively. However, permission has not been granted to start 8th standard. Due to non-granting of permission to start 8th standard, students of 1st petitioner''s school, who have passed 7th standard in Urdu medium, find it difficult to continue their studies in the said school. In view of the same, there is drop-out of students. It is also contended that there are no minority schools imparting education in 8th standard in Urdu medium. Hence the policy decision taken by the State Government runs contrary to the interest of education of the students. Since the primary school run by the 1st petitioner has got necessary infrastructure to run higher primary school as well as secondary school, nothing prevents the State Government to take appropriate steps regarding grant of permission to commence 8th standard. Hence, in the interest of students, it would be appropriate to direct the respondents to reconsider the application of the petitioner to start 8th standard for the Academic Year 2015-16. Accordingly, I pass the following Order:

Writ petitions are allowed. The 3rd respondent as well as the State Government are directed to reconsider the application of the petitioner seeking permission to start 8th standard either in primary school or secondary school for the Academic Year 2015-16 as expeditiously as possible, but not later than 15 days from the date of receipt of a copy of this order.