Allowed

Karnataka Education Society v. State of Karnataka

Karnataka HC14 Sept 2023WP/22189/2021

Case brief

AI extract

What is this about?

High Court of Karnataka allowed these writ petitions and quashed the impugned Government Order dated 11.11.2021 which directed private unaided schools to collect 85% of tuition fee as against the annual school fee, holding it contrary to the Supreme Court judgment in Indian School Jodhpur.

What did the court decide?

The impugned Government Order dated 11.11.2021 bearing No.EP 33 PGC 2021 is quashed. Schools must not debar students for non-payment and must follow earlier directions.

Karnataka Education Society Vs State of… — Pension and Retirement Benefits | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 14^TH DAY OF SEPTEMBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 22189 OF 2021 (EDN-RES) C/W

¶6

WRIT PETITION NOS. 22300 OF 2021, 23635 OF 2021, 23866 OF 2021, 8656 OF 2022 (EDN-RES)

¶7

IN WP NO.22189/2021:

¶8

BETWEEN:

¶9

KARNATAKA EDUCATION SOCIETY O/A NO.121, 3^RD PHASE 3^RD CROSS, J P NAGAR BENGALURU-560 078

¶10

Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH

¶11

Location: HIGH COURT OF KARNATAKA

¶12

ST PAULS ENGLISH SCHOOL C/O J P NAGAR BENGALURU-560 078

¶13

PRESIDENCY SCHOOL POST BOX NO.7627, SY NO.80/2 AND 80/3 BILEKAHALLI OFF BANNERGETTA ROAD, BENGALURU-560076

¶14

(PETITIONERS NO.1-3 ARE REPRESENTED BY SECRETARY AND CHAIRMAN MR.NISSAR AHMED

¶15

¶16

NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶17

S/O LATE MEHMOOD AHMED AGED ABOUT 65 YEARS

¶18

…PETITIONERS (BY SRI.UDAYA HOLLA, SR.COUNSEL FOR SMT.FARAH FATHIMA.,ADVOCATE) AND:

¶19

STATE OF KARNATAKA DEPARTMENT OF PRIMARY AND HIGHER SECONDARY EDUCATION, M S BUILDING, DR AMBEDKAR ROAD BENGALURU-560 001 REPRESENTED BY UNDER SECRETARY

¶20

… RESPONDENT (BY SMT.PRAMODHINI KISHAN, AGA A/W SMT.AZRA J.DUNDGE,AGA)

¶21

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 11.11.2021 BEARING NO.EP 33 PGC 2021 PASSED BY RESPONDENT (ANNEXURE-A) ETC.,

¶22

IN WP NO.22300 OF 2021

¶23

BETWEEN:

¶24

SRI. VANI EDUCATION CENTRE TRUST RAMAVANA, NO 1246 4^TH MAIN, E BLOCK 2^ND STAGE, RAJAJINAGAR BENGALURU -560 010

¶25

…PETITIONER

¶26

(BY SRI.PAWAN SHYAM .A, ADV.)

¶27

¶28

NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶29

AND:

¶30

1 . STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION (PRIMARY AND SECONDARY SCHOOL EDUCATION) VIDHANA SOUDHA BENGALURU -560 001

¶31

2 . COMMISSIONER OF PUBLIC INSTRUCTION DEPARTMENT OF EDUCATION (PRIMARY AND SECONDARY SCHOOL EDUCATION) GOVERNMENT OF KARNATAKA NRUPATHUNGA ROAD BENGALURU -560 001

¶32

3 . DIRECTOR OF PUBLIC INSTRUCTION DEPARTMENT OF EDUCATION, GOVERNMENT OF KARNATAKA, BANGALORE NORTH DISTRICT, K G ROAD, BENGALURU -560 002

¶33

4 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION DEPARTMENT OF EDUCATION GOVERNMENT OF KARNATAKA BANGALORE NORTH DISTRICT K G ROAD BENGALURU -560 002

¶34

… RESPONDENTS

¶35

(BY SMT.PRAMODHINI KISHAN.,AGA A/W SMT.AZRA J.DUNDGE,AGA)

¶36

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION NO.EP 33 PGC 2021, BENGALURU DATED 11.11.2021 AT ANNEXURE-C.

¶37

¶38

NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶39

IN WP NO.23635 OF 2021: BETWEEN:

¶40

PRESIDENCY SCHOOL NANDINI LAYOUT BENGALURU - 560 096 REPRESENTED BY ITS PRINCIPAL MR.JAYA PRAKASH S/O.CVJ NAIR AGED ABOUT 53 YEARS

¶41

…PETITIONER (BY SRI.UDAYA HOLLA, SR.COUNSEL FOR SMT.FARAH FATHIMA.,ADVOCATE)

¶42

AND:

¶43

STATE OF KARNATAKA DEPARTMENT OF PRIMARY AND HIGHER SECONDARY EDUCATION, M.S. BUILDING DR. AMBEDKAR ROAD, BENGALURU-560 001 REPRESENTED BY UNDER SECRETARY

¶44

… RESPONDENT (BY SMT.PRAMODHINI KISHAN.,AGA A/W SMT.AZRA J.DUNDGE,AGA)

¶45

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 11.11.2021 BEARING NO. EP 33 PGC 2021, BENGALURU PASSED BY RESPONDENT ( ANNEXURE-A) ETC.,

¶46

IN WP NO.23866 OF 2021

¶47

BETWEEN:

¶48

ASSOCIATION OF INDIAN SCHOOLS AN ASOOSICATION OF PRIVATE UNAIDED SCHOOLS: BEING A SOCIETY INTER ALIA

¶49

¶50

NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶51

REGISTERED UNDER

¶52

THE SOCIETIES REGSITRATION ACT 1880 HAVING ITS ADDRESS AT CST NO 104-E, NEAR ASTER SOCIETY FIRE BRIGADE, OPP OBEROI MALL DINDOSHI, MALAD (E) MUMBAI 400097 REP BY ITS AUTHORISED REPRESENTATIVE MR.DEEPAK JAYANT CHOUDHARI

¶53

… PETITIONER

¶54

(BY SRI.M.R. NAIK, SR.COUNSEL FOR SRI KEMPEGOWDA ANUPARNA BORDOLOI, ADV)]

¶55

AND:

¶56

1 . THE STATE OF KARNATAKA

¶57

THROUGH ITS SECRETARY TO GOVT VIDHANA SOUDHA

¶58

BENGALURU -560 001

¶59

2 . COMMMISSIONER FOR PUBLIC INSTRUCTION OFFICE OF CPI N T ROAD

¶60

BENGALURU - 560 001

¶61

3 . THE PRINCIPAL SECRETARY TO GOVT

¶62

(PRIMARY AND SECONDARY) 6^TH FLOOR M S BUILDING

¶63

BENGALURU 560 001

¶64

4 . UNDER SECRTARY TO GOVERNMENT PRIMARY AND SECONDARY EDUCATION (PRIMARY) 2^ND GATE(6^TH FLOOR M S BUILDING DR AMBEDAKR VEEDHI BENGALURU - 0

¶65

¶66

NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶67

5 . THE DIRECTOR PRIMARY EDUCATION DEPT.OF PUBLIC INSTRUCTIONS K R CIRCLE BENGALURU - 560 001

¶68

… RESPONDENTS

¶69

(BY SMT.PRAMODHINI KISHAN.,AGA A/W SMT.AZRA J.DUNDGE,AGA)

¶70

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED 11^TH NOVEMBER 2021 BEARING NO. EP 33 PGC 2021 (ANNEXURE-A) ETC.,

¶71

IN WP NO.8656 OF 2022:

¶72

BETWEEN:

¶73

AMRUTHA VIDYALAYA, no.136, MATA AMRITANANDAMAYI MATH ROAD JANANBAHARATHI II STAGE ULLAL UPANAGARA POST BENGALURU 560 110 REP BY ITS PRINCIPAL MRS ANITA MENON

¶74

… PETITIONER

¶75

(BY SRI. ANANDA THEERTHA D., ADV)

¶76

AND:

¶77

STATE OF KARNATAKA DEPT OF PRIMARY AND SECONDARY EDCUATION REP BY ITS ADDL CHIEF SECRETARY VIKASA SOUDHA BENGALURU - 560 009

¶78

7 - NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶79

… RESPONDENT

¶80

(BY SMT.PRAMODHINI KISHAN.,AGA A/W SMT.AZRA J.DUNDGE,AGA)

¶81

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDER DATED 11.11.2021 PASSED BY THE RESPONDENT VIDE ANNEXURE-A ETC.,

¶82

THESE WRIT PETITIONS COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

¶83

O R D E R

¶84

These writ petitions are preferred by the petitioners seeking a writ in the nature of certiorari to quash the Government Order dated 11.11.2021 bearing No.EP 33 PGC 2021 passed by the respondent - State of Karnataka, Department of Primary and Higher Secondary Education.

¶85

The petitioners in Writ Petition No.22189/2021 are private unaided minority institutions and they do not receive any kind of aid or grant from the Central Government or State Government. The 2^nd petitioner institution was established by the 1^st petitioner society and it is active member of 'Managements of Independent ICSE Schools Association Karnataka". The 3^rd petitioner is active member of

¶86

8 - NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶87

'Managements of Independent CBSE Schools Association, Karnataka'.

¶88

2.1 The petitioner in Writ Petition No.22300/2021 is a registered Trust constituted in the year 1996. Since then, the petitioner has been running a school under the name and style of "Sri Vani Education Centre". The school aforesaid imparts values to the young children in order to impart and administer quality education more particularly as to make them responsible and law abiding citizens.

¶89

2.2 The petitioner in Writ Petition No.23635/2019 is a minority institution recognized and certified by National Minority Commission. The petitioner institution was established in the year 1976 which imparts Nursery to 10th Standard with ICSE syllabus affiliated to ICSE Board. The total strength of students is 1919 for academic year 2020-21 with total teaching and non-teaching staff of 112 members.

¶90

2.3 The petitioner in Writ Petition No.23866/2021 is an Association of several unaided schools which are inter alia affiliated to State Board, Central Board of Secondary Education

¶91

¶92

NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶93

('CBSE'), Indian Certificate of Secondary Education Board ('ICSE') and Cambridge Assessment International Education ('CIE') Board. The petitioner - Association has 39 Member Schools situated within the State of Karnataka and most of them are Minority Educational Institutions.

¶94

2.4 Petitioner institution in Writ Petition No.8656/2022 was established in the year 2002. It is one among the 57 schools throughout India, managed by Mata Amritanandamayi Math, a renowned place, where people across the globe visit and seek spiritual pursuits.

¶95

In all these writ petitions, the Government Order dated 11.11.2021 is challenged, wherein Government has directed the petitioner institutions amongst others in the State of Karnataka to collect 85% of the tuition fee as fixed for the academic year 2019-20, in the academic year 2020-21. The grievance of the petitioners is the impugned Government Order is totally contrary to the judgment and directions of the Hon'ble Apex Court and also this Court which has followed the Apex Court Judgment, as the respondent under the impugned Government Order has directed the schools to collect 85% of

¶96

10 -

¶97

NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶98

tuition fee as against the Annual School Fee , which includes tuition fee, amenities, infrastructure, facilities, maintenance etc., for the academic year 2020-21.

¶99

The respondent vide order dated 29.1.2021 bearing No.EP 33 PGC 2021, Bengaluru, directed all the schools in Karnataka to collect only 70% of tuition fee fixed for the academic year 2019-20 in the academic year 2020-21 from students and not to collect any other fee and in case where students had paid more than 70% of tuition fee, the excess fee to be adjusted in the year 2021-22. This order of the State came to be challenged by some of the schools and educational institutions including the 'Associated Managements of Primary and Secondary Schools in Karnataka' in Writ Petition No.4818/2021 and other connected matters placing reliance on the observations made by the Hon'ble Apex Court in the case of

¶100

Indian school, Jodhpur and Another -vs- State of Rajasthan and others reported in (2021) 10 SCC 517 : (2021) SCC OnLine SC 359.

¶101

11 -

¶102

NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶103

The Hon'ble Apex Court in the case of Indian School,

¶104

Jodhpur (supra) has held at paragraphs 139 and 140 as under:

¶105

" 139. Ordinarily, we would have thought it appropriate to relegate the parties before the regulatory authority to refix the school fees for the academic year 2020-21 after taking into account all aspects of the matter including the advantage gained by the school Management due to unspent overheads/expenses in respect of facilities not availed by the students. However, that course can be obviated by the arrangement that we propose to direct in terms of this judgment.

¶106

140. To avoid multiplicity of proceedings (as school fee structure is linked to school — schoolwise) including uncertainty of legal processes by over 36,000 schools in determination of annual fee structure for the academic year 2020-21, as a onetime measure to do complete justice between the parties, we propose to issue following directions:

¶107

140.1. The appellants (school Management of the concerned private unaided school) shall collect annual school fees from their students as fixed under the Act of 2016 for the academic year 2019-20, but by providing deduction of 15% on that amount in lieu

¶108

12 -

¶109

NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶110

of unutilised facilities by the students during the relevant period of academic year 2020-21.

¶111

140.2. The amount so payable by the concerned students be paid in six equal monthly instalments before 5-8-2021 as noted in our order dated 8-22021 [ Gandhi Sewa Sadan Rajsmand v. State of Rajasthan , 2021 SCC OnLine SC 70] .

¶112

140.3. Regardless of the above, it will be open to the appellants (concerned schools) to give further concession to their students or to evolve a different pattern for giving concession over and above those noted in paras 140.1 and 140.2, above.

¶113

140.4. The school Management shall not debar any student from attending either online classes or physical classes on account of non-payment of fees, arrears/outstanding fees including the instalments, referred to above, and shall not withhold the results of the examinations of any student on that account.

¶114

140.5. If any individual request is made by the parent/ward finding it difficult to remit annual fees for the academic year 2020-21 in the above terms, the school Management to consider such representation on case-to-case basis sympathetically.

¶115

140.6. The above arrangement will not affect collection of fees for the academic year 2021-22, as

¶116

13 -

¶117

NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶118

is payable by the students of the concerned school as and when it becomes due and payable.

¶119

140.7. The school Management shall not withhold the name of any student/candidate for the ensuing Board examinations for Classes X and XII on the ground of non-payment of fee/arrears for the academic year 2020-21, if any, on obtaining undertaking of the concerned parents/students.

¶120

141. We are conscious of the fact that we are issuing general uniform direction of deduction of 15% of the annual school fees in lieu of unutilised facilities/activities and not on the basis of actual data school-wise. As aforesaid, we have chosen to do so with a view to obviate avoidable litigation and to give finality to the issue of determination and collection of school fees for the academic year 2020-21, as a onetime measure which is the subject-matter of these appeals. We have consciously limited the quantum of deduction from annual school fees to 15% although the school Management had mentioned about its willingness to provide 25% scholarship to deserving students, as we have compelled the school Management to collect annual school fees for the academic year 2020-21 as was fixed for the academic year 2019-20 on which some of the school Management(s) could have legitimately asked for

¶121

14 -

¶122

NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶123

increase of at least 10% in terms of Section 6(5) of the Act of 2016."

¶124

Following the judgment of the Hon'ble Apex Court in

¶125

the case of Indian School , Jodhpur ( supra) , this Court vide order dated 16.9.2021 in Writ Petition No.4818/2021 and connected matters passed an order which reads as under:

¶126

" (i) The petitioner-Institution (school Management of the concerned private unaided school) shall collect annual school fees from their students as fixed under the Act of 1995 for the academic year 2019-20, but by providing deduction of 15 per cent on that amount in lieu of unutilised facilities by the students during the relevant period of academic year 2020-21.

¶127

(ii) Regardless of the above, it will be open to the petitioners (concerned schools) to give further concession to their students or to evolve a different pattern for giving concession over and above those noted in clause (i) above.

¶128

(iii) The school Management shall not debar any student from attending either online classes or physical classes on account of non-payment of

¶129

15 -

¶130

NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶131

fees, arrears/outstanding fees including the installments, referred to above, and shall not withhold the results of the examinations of any student on that account.

¶132

(iv) If any individual request is made by the parent/ward finding it difficult to remit annual fees for the academic year 2020-21 in the above terms, the school Management to consider such representation on case-to-case basis sympathetically.

¶133

(v) The above arrangement will not affect collection of fees for the academic year 2021-22, as is payable by the students of the concerned school as and when it becomes due and payable.

¶134

(vi) The school Management shall not withhold the name of any student/candidate for the ensuing Board examinations for Classes X and XII on the ground of non-payment of fee/arrears for the academic year 2020-21, if any, on obtaining undertaking of the concerned parents/students."

¶135

(emphasis supplied)

¶136

The State Government, however has not followed the

¶137

letter & spirit of the order dated 16.9.2021 passed in Writ Petition No.4818/2021 in the proper perspective, which made the petitioners therein to take up the matter in Review Petition

¶138

16 -

¶139

NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶140

No.24/2022 on the ground that though this Court agreed with the contentions of the petitioners therein, however did not expressly quash the Government Order dated 29.1.2021 while disposing of the writ petitions. Agreeing with the contentions of the review petitioners and adverting to the acceptance of the learned Additional Advocate General in the writ petitions, the Coordinate Bench of this Court in the Review Petition No.24/2022 by the order dated 22.3.2022 quashed the Government Order dated 29.1.2021.

¶141

Prior to the passing of the order in the Review Petition, Government issued the impugned Government Order dated 11.11.2021, wherein the Government has directed private unaided educational institutions to collect 85% tuition fee for the academic year 2020-21.

¶142

It is the contention of learned Senior Counsel - Sri Udaya Holla on behalf of Smt. Farah Fathima in two of the writ petitions and learned senior counsel - Sri M.R. Naik on behalf of Smt. Annapura Bordoloi in one writ petition that the petitionerinstitutions are Private Unaided Schools, imparting education as per the syllabus prescribed by the Central Boards such as CIE,

¶143

17 -

¶144

NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶145

ICSE, CBSE etc. and they are affiliated to other Boards and not to the State Board. Learned senior counsels relied upon the judgment of the Hon'ble Apex Court in the case of T.M.A. Pai Foundation & Others -vs- State of Karnataka & others reported in (1995)4 SCC 1 pertaining to fixing of fees in case of Private Unaided Educational Institutions, including minority and religious minority institutions.

¶146

Both the learned senior counsels mainly relied on the judgment in the case of Indian School, Jodhpur (supra) to lay emphasis on the fact that the Hon'ble Apex Court while dealing with the similar situation passed an order, wherein it is clearly and categorically stated that there would be some amount of expenditure that would have to be met by the school management for imparting education and accordingly, 15% concession was granted to the students for the relevant academic year. It is vehemently contended by the learned senior counsels - Sri Udaya Holla and Sri M.R. Naik as well as other learned counsel appearing for the petitioners that in order to avoid multiplicity of the proceedings, the Hon'ble Apex Court held that Private Unaided Schools shall collect annual school

¶147

18 -

¶148

NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶149

fees from their students as fixed for the academic year 201920, but by providing deduction of 15% on that amount during the relevant period of academic year 2020-21, as a one time measure to do complete justice between the parties. Thus, as per the said judgment, the quantum of deduction of 15% will be towards the annual school fee , whereas 85% shall be collected by the school management towards the annual school fee.

¶150

Considering all these aspects, this Court passed a detailed order in Writ Petition No.4818/2021 and thereafter finding an error with regard to expressly non-quashing of the Government Order dated 29.1.2021, Review Petition No.24/2022 came to be filed and the said Government Order dated 29.1.2021 came to be quashed.

¶151

In view of the above, nothing much would survive for deliberation in all these writ petitions moreso for the reason that there is categorical acceptance and undertaking given by the learned Addl. Advocate General in Writ Petition No.4818/2021 and connected matters that the directions given by the Hon'ble Apex Court in the case of Indian School,

¶152

19 -

¶153

NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶154

Jodhpur (supra) would be binding on all educational institutions throughout the country including the State of Karnataka and it should be implemented across the State in the similar circumstances. On the basis of the same, the Government Order dated 29.1.2021 also came to be quashed.

¶155

In all these writ petitions, the Government Order dated 11.11.2021 is challenged, wherein Government has directed the Private Unaided Schools in the State of Karnataka to collect 85% of the tuition fee as fixed for the academic year 2019-20, in the academic year 2020-21. As stated supra, in

¶156

the case of Indian School, Jodhpur (supra) , the Hon'ble Apex Court held that Private Unaided Schools shall collect annual school fees from their students as fixed for the academic year 2019-20, but by providing deduction of 15% on that amount during the relevant period of academic year 2020-21. Therefore, the impugned Government Order is totally contrary to the judgment and directions of the Hon'ble Apex Court and also this Court as the respondent State under the Government Order has directed the schools to collect 85%

¶157

20 - NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶158

tuition fee as against the Annual School Fee for the academic year 2020-21.

¶159

Under these circumstances, I deem it appropriate to quash the impugned Government Order dated 11.11.2021 in all these writ petitions. Hence I proceed to pass the following

¶160

O R D E R

¶161

(i) The writ petitions are allowed .

¶162

(ii) The impugned Government Order dated 11^th November 2021 bearing No.EP 33 PGC 2021 in these writ petitions, is hereby quashed.

¶163

(iii) It is needless to mention that the school management and the institutions imparting education to the students coming under the petitioner institutions shall not debar or remove any students for the academic year 2020-21 for non- payment of any fee or balance fee and on the other hand if any excess fee collected from any of the students, the same shall be adjusted towards future annual fee.

¶164

21 -

¶165

NC: 2023:KHC:33422 WP No. 22189 of 2021 C/W WP No. 22300 of 2021 WP No. 23635 of 2021 WP No. 23866 of 2021 WP No. 8656 of 2022

¶166

(iv) The directions issued earlier in Writ Petition No.4818 of 2021 and connected matters decided on 16^th September 2021 and so also in Review Petition No.24 of 2022 decided on 22^nd March 2022, shall be strictly followed by the petitioner institutions.

¶167

(v) In view of disposal of the writ petitions, pending interlocutory applications, if any would not survive for consideration and the same pale into insignificance.

¶168

Sd/JUDGE

¶169

GSS List No.: 1 Sl No.: 57

Karnataka Education Society v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Karnataka Education Society v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Late M R Rangaswamy Vs Sri P Swamy Since Dead by Lr

V Gopalappa Vs R Adinarayanappa

Smt. Mahadevamma Vs Smt. Gowramma

Shakuntalamma Vs Mr K a Parameshwara Rao

Jeevan Khadi Gramodyoga Association Vs Kenchegowda Since Dead by Lrs

Sri a J James Vs Karnataka State Law University