VLDYAVARDHAKA SANGHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) SINCE in all these Writ Petitions the challenge is made to the karnataka Educational Institutions (Classifications, Regulation and prescription of Curricula, Etc.) Rules, 1995 ('rules' for brevity), all these petitions are disposed of by this common order.

(2.) WP 1889-92/1999 is filed by the Associated Management of Government Recognised Unaided English Medium) Primary and secondary Schools in Karnataka and three other educational institutions while WP 1302/2000 is filed by Vidya Vardhaka Sangha, another educational institution.

(3.) THE Petitioners contend that they have established educational institutions including pre-primary courses comprising of 'kindergartens' , 'play homes' and 'nurseries' or 'caring centres' for tender children primarily meant to guide and organise the natural playing tendency of children and also to facilitate working couple who cannot take care of the young ones at their homes and admit these children in the kindergartens for what is called as baby sittings. It is a apart of domestic service to the children. The State of Karnataka purporting to exercise its power under Section 145 of the Karnataka Education Act, 1983, has framed what is known as the Karnataka Education Institutions (Classifications, Regulation and prescription of Curricula etc) Rules, 1995 and enforce these Rules in respect of Kindergartens, play homes, and nurseries run by the petitioners' institutions. The Rules are not meant to apply to such institutions. Apart from that, the Rules are unconstitutional being arbitrary and in excess of rule making power of the State. They have challenged therefore, the vires of the Rules in those petitions.