1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4TH DAY OF JUNE 2015

PRESENT

THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE, ACTING CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE RAM MOHAN REDDY

WRIT PETITION NO. 42294 OF 2014 (EDN-RES)PIL

BETWEEN : THE AZIM PREMJI FOUNDATION #34, DODDAKANNELLI NEXT TO WIPRO CORPORATE OFFICE SARJAPUR ROAD BANGALORE – 560 035. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER

... PETITIONER

(By SMT. JAYNA KOTHARI, ADV.,) AND

1. THE STATE OF KARNATAKA RAJ BHAVAN ROAD, BANGALORE – 560 001. REPRESENTED BY THE GOVERNOR

2

2. STATE GOVERNMENT OF KARNATAKA EDUCATION DEPARTMENT(PRIMARY AND SECONDARY EDUCATION) M.S BUILDING BANGALORE – 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY

3. STATE GOVERNMENT OF KARNATAKA

DEPARTMENT OF PUBLIC INSTRUCTION CENTRAL JUNIOR COLLEGE GROUND KEMPEGOWDA ROAD BANGALORE – 560 002. REPRESENTED BY ITS COMMISSIONER

4. THE STATE GOVERNMENT OF KARNATAKA

DEPARTMENT OF WOMEN AND CHILD WELFARE M.S BUILDING BANGALORE – 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY

5. NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS GATE NO.4, 1ST FLOOR JEEVAN TARA BUILDING 5, SANSAD MARG PATEL CHOWK, NEW DELHI – 110 001. REPRESENTED BY ITS CHAIRMAN

6. UNION OF INDIA

NATIONAL COMMISSION FOR MINORITIES 5TH FLOOR, LOK NAYAK BHAVAN KHAN MARKET, NEW DELHI – 110 003 REPRESENTED BY ITS CHAIRPERSON

3

7. KARNATAKA STATE MINORITIES COMMISSION

5TH FLOOR, VISHVESHWARIAH TOWER(M) DR. B.R AMBEDKAR VEEDHI BANGALORE – 560 001. REPRESENTED BY ITS CHAIRMAN

8. UNION OF INDIA

MINISTRY OF HUMAN RESOURCES DEVELOPMENT DEPARTMENT OF SCHOOL EDUCATION AND LITERARY SHASTRI BHAWAN NEW DELHI – 110 001. REPRESENTED BY ITS SECRETARY

9. KARNATAKA STATE MINORITIES

EDUCATION INSTITUTIONS, MANAGEMENTS FEDERATION (R) NO.126/125, HKP ROAD, BROADWAY SHIVAJINAGAR, BANGALORE – 560 051. REPRESENTED BY ITS PRESIDENT, MR.C.R. MOHAMED IMTIAZ, AGED 65 YEARS, S/O ABDUL RAHIM.

... RESPONDENTS

(By PROF. RAVIVARMA KUMAR, ADVOCATE GENERAL A/W D.NAGARAJ, AGA FOR R1-R4; SRI. H. JAYAKARA SHETTY, ADV., FOR R5 AND R6; SRI. KRISHNA S. DIXIT, ASG FOR R6 AND R8; R7 SERVED THROUGH HAND SUMMONS SRI G.R. MOHAN, ADV., FOR R9)

4

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO SET ASIDE GOVERNMENT ORDER DTD.18.6.2014, VIDE ANNEX-A AND REVERT AND RETAIN THE CONDITIONS UNDER GOVERNMENT ORDER DTD.24.7.2012. DECLARE THAT THE IMPOSITION OF A MINIMUM MINORITY STUDENT STRENGTH OF NOT LESS THAT 75% IS CONSTITUTIONAL AND FULFILS THE OBJECTIVE UNDER ARTICLES 30 OF THE CONSTITUTION AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:

ORDER By filing this writ petition, in substance, a Government

Order, dated June 18, 2014, inter alia, prescribing that

minority schools must ensure that in an academic year there

should be not less than 25% of students from the concerned

minority community admitted in the school is challenged.

2. Shrimati Jayna Kothari, learned counsel appearing for

the petitioner, however, in course of her submissions,

withdrew the challenge in relation to such Government order.

5

3. She draws our attention to the decision of the Supreme

Court of India in the case of Environment and Consumer

Protection Foundation vs. Delhi Administration and others,

(Writ Petition (Civil) No.631/2004) and submits that

Supreme Court of India has, already, directed the schools to

provide basic amenities to the students like- toilet, drinking

water, class rooms, teaching and non-teaching staff etc.,

irrespective of whether those have been minority or non

minority schools. She submits that linguistic/minority

schools in Karnataka must, also, follow the directions of the

Supreme Court of India.

4. Prof. Ravivarma Kumar, learned Advocate General

appears for the State and submits that the basic requirements

must be provided to the schools and State is not opposed to

the prayer for providing such facilities.

6

5. We therefore dispose of this writ petition and direct the

State Government to ensure that even minority/linguistic

schools provide the basic requirements to the students.

6. We make no order as to costs.

Sd/- ACTING CHIEF JUSTICE

Sd/- JUDGE

kcm