VINAYAKA EDUCATION SOCIETY Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) In the instant petition, petitioner has sought for the following reliefs:

(2.) Petitioner is a Society called 'Vinayaka Education Society' which is a registered Society. Petitioner-Institution is a grant-in-aid for certain courses. On 1.10.1994, petitioner's Society sought for commencement of Junior college which was permitted without grant. Thereafter, petitioner commenced Job Oriented Course (for short 'JOC'). One of the student by name K. Lokeshappa who was passed out of JOC sought for certain documents with the petitioner-Society whereby officials of the Society stated to have demanded Rs. 1,500/- in respect of each student i.e. for two students a sum of Rs. 3,000/- amount stated to have been demanded. Feeling aggrieved by such demand, the students approached office of the Karnataka Lokayukta, whereby office of the Lokayukta led trap proceedings against the officials of the petitioner-Society.

(3.) In this regard, office of the Lokayukta is said to have made correspondence with the petitioner Society seeking permission to prosecute such of those employees who were involved in the alleged trap proceedings. There were protracted proceedings among the office of the Lokayukta, Education Department and the petitioner-Society. Petitioner-Society had passed a resolution that employees who are involved in the alleged trap case were not government servants. Consequently, granting permission for prosecution would not arise. The same was reiterated with reference to the later correspondence to overcome decision of the Society, respondent Nos. 1 and 2 have taken a decision and permitted to prosecute employees of the petitioner. In this background, the petitioner-Society has questioned the validity of Section 101 of Education Act, 1983 (for short 'the Act') and Annexure K and Annexure-M. Section 101 of the Act is relating to imposing of penalty which reads as under: