KARNATAKA STATE SCHEDULED CASTES AND SCHEDULED TRIBES EDUCATIONAL MANAGEMENT ASSOCIATION Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Challenging the Notification Annexure-A, the petitioner who is running an Institution viz., the Karnataka State Scheduled Castes/Scheduled Tribes Educational Management Association, has filed this writ petition seeking the following reliefs:

(2.) According to Sri Ramachandra Reddy, learned counsel for the petitioner that the Respondents in not making special provisions to allot suitable sites to educational institution to the SC/ST Institutions at a lesser price is a clear case of violation of Art. 14 of the Constitution; when once the Government has made such a provision to provide residential sites to persons belonging to SC/ST it is something like treating unequals as equals which is not the purpose of Art. 14. By this indirectly the desire of the institutions to impact education to the weaker section of the society will be deprived of. Thus in the long run, it would result in depriving education to the weaker section of the society. Therefore, he submitted, that Annexure-A be quashed and direction be given to make reservation of sites to educational institutions formed by persons belonging to SC/ST and allot sites at lesser price. In support of his contention, the learned counsel for the petitioner relied upon a decision of the Supreme Court reported in Pradeep Jain Vs. Union of India, AIR 1984 SC 1420 .

(3.) In support of another contention that separate provision shall be made for weaker section particularly in the matter of education, the learned counsel relied on the decision of the Supreme Court in State of Maharashtra Vs. Kamal, AIR 1985 SC 119 . At paras 23 and 24, it is stated thus: