PROF. M. GURUNATH AND OTHERS Vs. STATE OF KARNATAKA, BY ITS SECRETARY, KARNATAKA GOVERNMENT SECRETARIAT AND OTHERS

JUDGEMENT

(1.) SINCE the questions raised in these petitions are similar and identical, all these petitions are heard together and disposed of by this common order.

(2.) ACCORDING to the averment of the petitioner in Writ Petition No. 37865/1995, he has been working as Selection Grade Lecturer in A.P.S. College of Arts and Science, N.R. Colony, Bangalore since 1967; and he has also been working as a visiting Professor of Law at BMS College of Law. It is his further case that he has two sons who are studying PUC with Physics, Chemistry, Mathematics and Biology as optionals.

(3.) IN all these petitions, the petitioners have prayed for striking down of Section 2(28) and Section 4 of the Karnataka Education Act (hereinafter referred to as the 'Act'), as amended by means of Act No. 1 of 1995 on the ground that the said provisions are unconstitutional. According to the case set out by petitioners in Writ Petition No. 37865/1995 and Writ Petition No. 35504/2001, they being the eminent teachers having acquired vast knowledge on account of academic excellence achieved by them and also the experience in teaching, if they are prevented from giving tuition, it will interfere with their right to freedom of expression and propagate knowledge and learning guaranteed to them under Article 19(1)(a) of the Constitution of India. According to them, it is in the larger public interest, that the Professors /Lecturers/Teachers in the University level should be permitted to carry out tuition along with their teaching work in the Educational Institutions. According to the parents of the students who are petitioners in Writ Petition No. 5974/2002, the students must be allowed to have free choice of securing the benefit of tuition from the experienced and knowledgeable Professors/ Lecturers/Teachers, who are working in the Educational Institutions.