Bench quashed criminal prosecution against an ICSE-affiliated school. Holding that Section 1(3)(iii-a) exempts such institutions from Karnataka Education Act, rendering prosecution illegal. Relied on Karnataka High Court precedents.
Petition allowed. Impugned prosecution CC.No.16894/2000 arising from PCR No.165/2000 quashed.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 41714 OF 2017 (GM-RES)
BETWEEN:
(BY SRI. UDAYA HOLLA, SENIOR ADVOCATE FOR SMT. FARAH FATHIMA, ADVOCATE)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:36380 WP No. 41714 of 2017
RESPONDENT NO.2 DELETED AS PER COURT ORDER DATED 15.09.2017
…RESPONDENTS
(BY SRI. RAJAT SUBRAMANYAM, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;
VIDE ORDER DATED 15.09.2017 RESPONDENT NO.2 IS DELETED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO DECLARE THAT THE INITIATION AND CONTINUATION OF THE PROCEEDINGS AGAINST THE PETITIONERS UNDER THE KARNATAKA EDUCATION ACT AS PER THE COMPLAINT INITIATED BY THE RESPONDENT IN PCR NO.165/2000 DATED 28.08.2000, (NOW C.C.16894/2000) PENDING ON THE FILE OF THE VII ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE VIDE ANNEXURE-K, ARE WITHOUT JURISDICTION AND ILLEGAL AND ETC.,
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners have challenged their prosecution in C.C.No.16894/2000 arising out of PCR No.165/2000 initiated by the respondent and which was initially filed before VII Additional Chief Metropolitan Magistrate, Bengaluru and pending trial before the Chief Metropolitan Magistrate (Court Hall No.61), Bengaluru for the offences punishable under Sections 123, 125, and 128 of the Karnataka Education Act, 1983 (henceforth referred to as 'the Act' for short).
alleging that the petitioners were affiliated to the Indian Certificate of Secondary Education (henceforth referred to as 'ICSE' for short) board, New Delhi and that the petitioners had not registered their institution to impart education for the High School and thereby violated Sections 30 and 33 of the Act, which was punishable under Section 123 of the Act.
evidence and without applying its mind, cursorily passed an order which reads as follows:
"Complainant present. Register the case and issue summons to A1 to A3 by 10.10.2000."
petitioners submitted that the petitioner No.1 was an institution recognised by ICSE Board. Therefore, the
NC: 2023:KHC:36380 WP No. 41714 of 2017
provisions of the Karnataka Education Act, 1983 were inapplicable to the petitioner No.1, in view of Section 1(3)(iii-a) of the Karnataka Education Act, 1983. He relied upon the judgment of a Coordinate Bench of this Court in W.P.No.30915-30916/2000 and W.P.No.15035-
15090/2011 dated 03.02.2003 in the case of Parents Association and others Vs. State of Karnataka and others where this Court while considering the applicability of Rule 4 of Karnataka Educational Institutions (Regulation of certain fees & Donations) Rules, 1999 relating to prescription of fees in-aided private education institutions, held that
"the Karnataka Education Act, 1983 provides for exemption under Section 1 (3) (iii-a) from the operation of the Act, in so far as educational institutions affiliated or recognized by the Council of Indian School Certificate Examination or the Central Board of Secondary Education. The 5th respondent is a affiliated to Indian Certificate of Secondary Education. Therefore, the provisions of the Act has no application so far the 5th respondent is concerned."
NC: 2023:KHC:36380 WP No. 41714 of 2017
this Court in W.P.No.34192/2009 c/w W.P.No.24654/2005 and W.P.No.15296/2009 dated 10.01.2011 in the case of Air Force School Parents Welfare Association Vs. The State of Karnataka and others.
Pleader submitted that every institution has to be registered with the State Government as mandated under Section 30 and 33 of the Karnataka Education Act, 1983, which reads as follows:
" 30. Educational institutions to be registered.- (1) Save as otherwise provided in this Act, every local authority institution and every private educational institution, established on or before the date of commencement of this Act or intended to be established thereafter, shall notwithstanding anything contained in any other law for the time being in force, be registered in
accordance with this Act and the rules made thereunder.
(2) No person or local authority shall establish or as the case may be, run or maintain an educational institution requiring registration under this section, unless such institution is so registered.
33. Registration of a recognised
Educational Institution.- (1) Notwithstanding anything contained in Section 30, the registering authority shall register a local authority institution or a private educational institution if such institution has been recognised by the State Government or the authority competent to grant such recognition, as the case may be, before the date of commencement of this Act, in accordance with the rules or orders applicable to such recognition and the local authority or the Governing Council, as the case may be, files a statement in the prescribed form before the registering authority within a period of six months from such date.
(2) No fee shall be payable for the registration of an educational institution under sub-section (1).
(3) Notwithstanding anything in sub-section (1), where the registering authority is of opinion that a local authority institution or private educational institution does not conform to the provisions made by or under this Act, it may direct the local authority concerned or as the case may be, the Governing Council of the private educational institution to bring it in conformity with the same within such period or extended period as it may allow."
He therefore, contended that even if the petitioner No.1 was affiliated to ICSE or CBSE board, the petitioner No.1 is bound to be registered under Section 30 of the Karnataka Education Act, 1983 and non-registration is deemed to be an offence under Section 123 of the Act.
"1. Short title, extent, application and
commencement.- (1) This Act may be called the Karnataka Education Act, 1983.
(2) xxx
(3) It applies to all educational institutions
and tutorial institutions in the State except,-
(i) xxx (ii) xxx (iii) xxx (iii-a) Educational Institutions affiliated to or recognised by the Council of Indian School Certificate Examination or Central Board of Secondary Education respectively;"
Therefore, as on the date of filing of the private complaint, the petitioner No.1 was not governed under the provisions of the Act as it was affiliated and recognized by the ICSE Board. Therefore, the provisions of Sections 30 and 33 of the Act were not applicable to the petitioner No.1 and consequently, the petitioner No.1 could not be held liable for an offence under Section 123 of the Act. This interpretation would be in line with Article 20 of the Constitution of India,
as on the date of filing of the private complaint, it was not an offence as far as the petitioners were concerned. In that
view of the matter, the prosecution of the petitioners for the offence under Section 123 of the Act was unwarranted and is hence, liable to be quashed.
Sd/-
JUDGE
HJ- para Nos.1 to 6 sma-para No.7 till the end List No.: 1 Sl No.: 17
2 issues framed by the court
Whether an educational institution affiliated to the Indian Certificate of Secondary Examination (ICSE) Board is exempt from registration under the Karnataka Education Act, 1983
Whether the prosecution of petitioners under Section 123 of the Karnataka Education Act, 1983 for non-registration is liable to be quashed
Colour shows how this judgement treated each authority
Parents Association and others Vs. State of Karnataka and othersRelied on¶36
W.P.No.30915-30916/2000 and W.P.No.15035-15090/2011 dated 03.02.2003 in Parents Association and others Vs. State of Karnataka and others
Air Force School Parents Welfare Association Vs. The State of Karnataka and othersRelied on¶41
W.P.No.34192/2009 c/w W.P.No.24654/2005 and W.P.No.15296/2009 dated 10.01.2011 in Air Force School Parents Welfare Association Vs. The State of Karnataka and ot
5 provisions across 3 enactments
PRESIDENCY SCHOOL NANDINI LAYOUT BANGALORE-560096
GOVERNMENT OF KARNATAKA
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
