POORNAPRAJNA EDUCATION CENTRE Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioner, an Educational Institution founded and run by a Society registered under the provisions of Karnataka Societies Registration Act, 1960, seeks to call in question inter alia the vires of clause (b) of sub-Rule(4) of Rule 8 of the Bangalore Development Authority (Allotment of Civil Amenity Sites) Rules, 1989, as being discriminatory and therefore violative of Article 14 of the Constitution of India. Quashment of BDA Resolution dtd. 13/1/2012 and consequent Communication dtd. 21/8/2014 which collectively have the effect of requiring the petitioner to pay a higher rental value for the sites granted to it earlier on lease basis and renewed subsequently has also been sought for. Learned counsel for the Petitioner placing reliance on certain decisions of the Apex Court vehemently argues for the invalidation of impugned instrument of law as it seeks to unjustifiably classify the allottee educational institutions on the basis of language alone.

(2.) Learned AGA appearing for the State and the learned Sr. Panel Counsel appearing for the BDA resist the Writ Petition contending that it is ordained policy of the State as promulgated in the impugned Rule itself that the allottee of sites for 'having Kannada medium should be shown some concession qua those who run the schools in other media; the Rule in question has been framed in 1982 to promote Kannada Language & culture and therefore cannot be said to be discriminatory. They also contend that, court need not undertake the examination of vires of impugned Rule since case of the Petitioner lies in other conspectus. So contending, they seek dismissal of the writ petition.

(3.) Having heard the learned counsel for the parties and having perused the Petition papers, this Court is inclined to grant a limited indulgence in the matter as under and for the following reasons: