A linguistic minority Samiti challenged orders directing its English medium school to admit students under the RTE Act. Relying on precedent that institutions run by a recognized minority society share its Article 30 protection, the Court quashed both impugned orders.
Orders at Annexures-F and G dated 29.02.2016 and 03.03.2016 were 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, DHARWAD BENCH
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO.102557/2016(EDN-RES)
BETWEEN:
Digitally signed by V N BADIGER Location: High Court of Karnataka
…PETITIONERS
(BY SRI SANGRAM S. KULKARNI, ADVOCATE)
AND:
BANGALURU – 560 001.
…RESPONDENTS
(BY SRI P.N.HATTI, HCGP FOR R1 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER BEARING NO.M.C.4/C.P.I.B.M/BHA.AA.SHA.GHO/26/2015-16 DATED 29.02.2016, ISSUED BY THE RESPONDENT NO.2, VIDE ANNEXURE-F. ISSUE WRIT OF CERTIORARI AND QUASH THE IMPUGNED LETTER/ COMMUNICATION No.E7/RTE/ADMISSION/ MVH/2015-16 DATED 03.03.2016, ISSUED BY THE RESPONDENT NO.4, VIDE ANNEXURE-G AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
linguistic minority status, in terms of the provisions of Article 30 of the Constitution of India, they are given autonomous charge of maintaining/administering the Institution and the respondent cannot insist upon such Institution to admit students under the provisions of RTE Act, 2017.
“9. In the present case, the first petitioner-society in fact has been recognized to be a linguistic minority status by
the very first respondent state government, although it may be pursuant to the direction issued by this Court in the earlier round of litigation, but nevertheless it has been so recognized. If it is so recognized, the state government cannot make a distinction of one educational institution in respect of which it has granted that declaration and status and another educational institution managed, owned and administered by the very linguistic minority institution or other educational institutions, which according to the state government, having not yet been so recognized or the State Government has not granted that status etc. and therefore is not entitled to claim the benefits protected under Article 30 of the Constitution of India. If some of the educational institutions owned, managed and administered by the first petitioner-society have already been recognized by the very state government as linguistic minority institutions, it is inevitable that the other educational institution, also owned, managed and administered by the very society, have the same character, unless the State government has found that some other institution owned and managed by some other management is trying to usurp the minority status of the first petitioner-society and which is not the case of the State Government nor is it urged so during the course of arguments, the state cannot make a distinction.”
aspect of the matter, petition is allowed. The order at Annexures-F and G issued by respondent No.2 and 4 respectively, are quashed.
KGK/CT-ASC / List No.: 1 Sl No.: 38
SD/JUDGE
1 issue framed by the court
Whether a linguistic minority institution can be compelled to admit students under the RTE Act despite minority status under Article 30.
Colour shows how this judgement treated each authority
Education Rights Trust Vs. Government of KarnatakaRelied on¶3
Writ Petition No.8028/2019 with connected matters disposed of on 31.05.2019
Canara High School Association Vs. State of KarnatakaRelied on¶5
LAWS(KAR)-2007-10-63
3 provisions across 2 enactments
The Belgaum Zilla Prathamik Shikshan Samiti, Belagavi, represented by its President Shri Ramakant D. Shanbag
The Secretary, The Belgaum Zilla Prathamik Shikshan Samiti
The Head Master, M.V. Herwadakar English Medium School
The State of Karnataka, Education Department
The Commissioner of Public Instructions
Deputy Director of Public Instructions (Minority Institutions)
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
