Four writ petitions seeking to quash an order depriving petitioner societies of their fundamental rights under Article 30(1) of the Constitution were dismissed by a single judge due to non-prosecution.
Writ petitions dismissed for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
-: 1 :-
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 16TH DAY OF DECEMBER 2013
PRESENT
THE HON’BLE MR.JUSTICE DILIP B. BHOSALE
AND
THE HON’BLE MR.JUSTICE B. MANOHAR
WRIT PETITION NO.68819/2010 A/W W.P.NOS.68820/2010, 68821/2010 AND 68983/2010(S-RES)
IN W.P NO.68819/2010
BETWEEN
DAKSHIN MAHARASTRA SHIKSHAN MANDAL REP. BY ITS, SECRETARY, SRI. V.A.PATIL AGE: 73 YEARS, CLUB ROAD, BELGAUM. TQ & DIST: BELGAUM. ... PETITIONER
(BY SRI: ANAND R KOLLI & SRI D RAVIKUMAR GOKAKAR, ADVOCATES, ABSENT )
AND
-: 2 :-
... RESPONDENTS
(BY SMT : K.VIDYAVATHI, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AT ANNEXURE-A i.e. ORDER DATED:03/09/2010, IN SO FAR AS IT DEPRIVES AND DENUDES THE FUNDAMENTAL RIGHT OF THE PETITIONER SOCIETY GUARANTEED UNDER ARTICLE 30(1) OF THE CONSTITUTION OF INDIA.
IN WP NO 68820 OF 2010:
BETWEEN
SHIVAJI SHIKSHAN PRASARAK MANDAL NIPANI TQ: CHIKODI, DIST: BELGAUM. REP. BY ITS CHARIMAN CHANDRAKANT EKNATH DHUMAL, AGE: 61 YEARS, OCC: CHAIRMAN R/O: VIDHYA NAGAR, NIPANI TQ: CHIKODI. DIST: BELGAUM.
... PETITIONER
(By Sri : D RAVIKUMAR GOKAKAKAR, ADVOCATE ABSENT) AND
-: 3 :-
M.S.BUILDING BANGALORE - 1.
... RESPONDENTS
(By Smt : K.VIDYAVATHI, ADDL.GOVT.ADV)
THIS WP FILED PRAYING TO QUASH THE ORDER AT ANNEXURE-A i.e. ORDER DATED:03/09/2010, IN SO FAR AS IT DEPRIVES AND DENUDES THE FUNDAMENTAL RIGHT OF THE PETITIONER SOCIETY GUARANTEED UNDER ARTICLE 30(1) OF THE CONSTITUTION OF INDIA AND DIRECT THE RESPONDENTS TO CONSIDER THE REQUEST OF THE PETITIONER MANDAL TO DECLARE ITS HIGH SCHOOL AS LINGUISTIC MINORITY INSTITUTION AND ETC.
IN WP NO 68821 OF 2010:
BETWEEN
SHRI. CHANGALESHWARI SHIKSHAN MANDAL REP. BY ITS, CHAIRMAN, YALLOJI NARAYANRAO MAJUKAR, AGE: 69 YEARS, YALLUR, TQ & DIST: BELGAUM.
... PETITIONER
-: 4 :-
(By Sri: D.RAVIKUMAR GOKAKAR & SRI.ANAND R KOLLI, ADVOCATES, ABSENT) AND
TQ & DIST: BELGAUM.
TQ & DIST: BELGAUM.
... RESPONDENTS
(By Smt: K.VIDYAVATHI, ADDL.GOVT.ADV)
THIS WP FILED PRAYING TO QUASH THE ORDER AT ANNEXURE-A i.e. ORDER DATED:03/09/2010, IN SO FAR AS IT DEPRIVES AND DENUDES THE FUNDAMENTAL RIGHT OF THE PETITIONER SOCIETY GUARANTEED UNDER ARTICLE 30 (1) OF THE CONSTITUTION OF INDIA AND DIRECT THE RESPONDENTS TO CONSIDER THE REQUEST OF THE PETITIONER SOCIETY FOR GRANT IN AID TO THE VARIOUS INSTITUTIONS OF THE SOCIETY AND PERMISSION TO APPOINT THE TEACHING AND NONTEACHING STAFF WHEREIN VACANCIES ARE TO BE FILLED UP, WITHOUT FORCING THE COMPLIANCE WITH THE ORDER AT ANNEXURE-A AND ETC.
-: 5 :-
IN W.P. NO.68983/2010
BETWEEN
MODERN EDUCATION SOCIETY REP. BY ITS SECRETARY, SRI. BAHUBALI DEVENDRA KUDACHI, AGE: 59 YEARS, OCC: SECRETARY, R/O NEMAWWA KUDACHI HIGH SCHOOL, MAJAGAON, BELGAUM.
... PETITIONER
(BY SRI: ANAND R KOLLI & SRI D RAVIKUMAR GOKAKAR, ADVOCATES ABSENT )
AND
… RESPONDENTS
(BY SMT : K. VIDYAVATHI, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TOA.
-: 6 :-
QUASH THE ORDER AT ANNEXURE-A i.e. ORDER DATED:03/09/2010 PASSED BY THE FIRST RESPONDENT IN SO FAR AS IT DEPRIVES AND DENUDES THE FUNDAMENTAL RIGHT OF THE PETITIONER SOCIETY GUARANTEED UNDER ARTICLE 30(1) OF THE CONSTITUTION OF INDIA.
THESE WRIT PETITIONS ARE COMING ON FOR HEARING THIS DAY, DILIP B. BHOSALE, J., DELIVERED THE FOLLOWING:
PC:
None appears for the petitioners.
Writ petitions are dismissed for non-prosecution.
SD/JUDGE
SD/JUDGE
mpk/-*
DAKSHIN MAHARASTRA SHIKSHAN MANDAL
SHIVAJI SHIKSHAN PRASARAK MANDAL NIPANI
SHRI. CHANGALESHWARI SHIKSHAN MANDAL
MODERN EDUCATION SOCIETY
STATE OF KARNATAKA
COMMISSIONER FOR PUBLIC INSTRUCTION
DILIP B. BHOSALE
B. MANOHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
