Karnataka High Court
Revival Foundation Education ... vs The State Of Karnataka on 6 January, 2023
Bench: E.S.Indiresh
-1-
WP No. 147174 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO. 147174 OF 2020 (EDN-RES)
BETWEEN:
1. REVIVAL FOUNDATION EDUCATION SOCIETYS @
ST.THOMAS ENGLISH MEDIUM SCHOOL,
SANTI NAGAR, NAVANAGAR,
HUBBALLI-580025, DIST : DHARWAD
REPRESENTED BY ITS PRESIDENT,
SHRI.REV.FATHER EDWARD
S/O.BHASKAR GOUDAR
AGE : 64 YEARS, OCC : PRESIDENT,
REVIVAL FOUNDATION EDUCATION SOCIETYS @
ST.THOMAS ENGLISH MEDIUM SCHOOL,
SHANTI NAGAR, NAVANAGAR,
HUBBALLI-580025, DIST : DHARWAD.
...PETITIONER
(BY SRI. A. S. PATIL, ADVOCATE)
J
MAMATHA
AND:
Digitally signed
by J MAMATHA
Date: 2023.01.09 1. THE STATE OF KARNATAKA
11:40:40 +0530
REPRESENTED BY ITS SECRETARY
TO THE DEPT. OF EDUCATION,
M.S.BUILDING, BENGALURU-560001
2. THE COMMISSIONER
DEPT. OF PUBLIC INSTRUCTIONS
DHARWAD-580001
-2-
WP No. 147174 of 2020
3. THE DEPUTY COMMISSIONER AND
THE CHAIRMAN
DISTRICT EDUCATION REGULATION AUTHORITY
(DERA), DHARWAD DISTRICT,
DHARWAD-580001
4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS,
DHARWAD-580001
5. THE BLOCK EDUCATION OFFICER
DHARWAD RURAL ZONE,
DHARWAD-580001
...RESPONDENTS
(BY SRI. VINAYAK S. KULKARNI, AGA)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:
i. DECLARE THAT SECTION 48 AND SECTION 124-
A OF THE KARNATAKA EDUCATION ACT, 1983
ARE UNCONSTITUTIONAL, ULTRA-VIRES AND
ARBITRARY AND ARE NOT SUSTAINABLE AND
ACCORDINGLY TO STRIKE DOWN SAID
PROVISIONS OF THE ACT AND ETC.
ii. DECLARE THAT THE KARNATAKA
EDUCATIONAL INSTITUTIONS (CERTAIN TERMS
AND CONDITIONS OF SERVICE OF EMPLOYEES
IN PRIVATE UNAIDED PRIMARY AND
SECONDARY AND PRE-UNIVERSITY
EDUCATIONAL INSTITUTIONS) RULES, 2005,
MORE PARTICULARLY RULE 3(B) OF THE SAID
RULES ARE UNCONSTITUTIONAL, ARBITARY
AND ARE NOT SUSTAINABLE AND
ACCORDINGLY, TO STRICK DOWN THE SAID
RULES WHICH ARE GAZETTED VIDE GAZETTE
NOTIFICATION DATED 12.01.2006 IN NO.ED 104
SEP 2005 AS PER ANNEXURE-C AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
-3-
WP No. 147174 of 2020
ORDER
The petitioner is before this Court seeking to declare that
Sections 48 and 124-A of the Karnataka Education Act, 1983 are
unconstitutional, ultra-vires and arbitrary and also to declare that
the Karnataka Educational Institutions (Certain Terms and
Conditions of Service of Employees in Private Unaided Primary
and Secondary and Pre-University Educational Institutions) Rules,
2005, more particularly Rule 3(b) of the said Rules are
unconstitutional.
2. This Court by order dated 05.01.2023 in
W.P.No.6313/2007 held that Sections 48 and 124-A of the
Karnataka Education Act, 1983 are unconstitutional and ultra-vires
to Article 14 of the Constitution of India and the same is not
applicable to the private un-aided Institutions.
3. Following the judgment referred to above, the writ
petition is allowed. In view of the striking down, Sections 48 and
124-A of the Karnataka Education Act is not applicable to the
private un-aided Institutions. The relevant rules challenged in this
writ petition are also consequentially held to be unconstitutional.
Sd/-
JUDGE
gab
