PADMAPRIYA VIDYA SAMSTHE (R) (JAIN MINORITY INSTITUTION) NOW RENAMED AS BANASHANKARI II STAGE BY ITS SECRETARY, SRI. T.P. RAJANNA Vs. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EDUCATION AND OTHERS

JUDGEMENT

(1.) THE petitioner contends that it has been running an English Medium Primary School from 1st standard to 7th Standard. It made an application to the 4th respondent seeking grant of permission to run the School. The application was rejected by the 4th respondent and an endorsement at Annexure -G was issued to that effect. Petitioner has called in question the validity of the said endorsement in this writ petition. I have heard the learned counsel for the parties.

(2.) THE application of the petitioner to start the English Medium Primary School was rejected on the basis of the Language Policy of the State Government contained in the circular dated 29.4.1994. The validity of the said circular was questioned in large number of cases before this Court. The matter was referred to the Full Bench. This Court by order dated 02.07.2008 has quashed the said Circular. The decision of the Full Bench is reported in Associated Managements of Primary and Secondary Schools in Karnataka Vs. The State of Karnataka by its Secretary, Department of Education and Others, ILR (2008) KAR 2895 . It is submitted by the learned counsel for the parties that the matter is pending before the Hon'ble Supreme Court. It is also submitted that the Hon'ble Supreme Court has directed the State Government not to close down the English Medium Schools of the respondents therein. In the circumstances, there is no justification for the respondents to bar the petitioner from imparting education in English Medium. However, continuation of the School is subject to the order, which may be passed by the Hon'ble Supreme Court in the above referred case. With these observations, writ petition is disposed of. No costs.