Bhandya Educational Trust (R) vs The State of Karnataka Represented by its Principal Secretary to Government Higher Education Department, & Ors.

The appellant in this appeal was the writ petitioner before the Hon''ble Single Judge. They run Educational Institutions and claim that they are either linguistic or religious minority institutions.

The petitioner - appellant challenged the directions issued by the State Government to admit students under the Right of Children to Free and Compulsory Education Act, 2009 (in short "the RTE Act").

The Hon''ble Single Judge, disposed of a batch of writ petitions, directing the writ petitioners therein to make a representation to the authorities for declaration of their status. Till such time, it was directed to give admission to the extent of 25% per centum of the total strength by admitting the students recommended by the respective government under the RTE Act.

We have heard the learned advocate appearing for the appellant and Mr.A.S.Ponnanna, learned additional advocate general appearing for the State respondents.

The status of a party cannot be decided by the Court, as it involves factual determinations.

We feel that when there is a National Commission for Minority Educational Institutions, constituted under the statute, the said authority must determine the status of the parties. We, therefore, grant liberty to the appellant to make their representation to the National Commission for Minority Educational Institutions, seeking for declaration of their status, be it linguistic or religious. Such representation shall be filed within four weeks from today.

If such a representation is made, the said Commission shall give an opportunity of hearing to all concerned in the matter and decide the case, by passing a reasoned and speaking order.

We request the Commission to determine the case of the appellant-institution, as expeditiously as possible, preferably within six months from the date of submission of such representation.

We are empowering the Commission to decide the minority status, as we do not find any available authorities to determine the status of the minority institutions under the National Commission for Minority Educational Institutions Act, 2004.

Till such time, the operation of the order of the Hon''ble Single Judge shall remain stayed.

The Government of Karnataka shall not insist upon admission of 25% per centum of the total strength of the students, as recommended by them under the RTE Act, insofar as the appellant - institution is concerned.

With the above observations, this writ appeal is disposed of, by modifying the order of the Hon''ble Single Judge, as aforesaid.

We make no order as to costs.