BAPUII EDUCATION SOCIETY Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) These petitions are heard and disposed of by this common order.

(2.) The petitions are brought on behalf of Polytechnic colleges by their respective managements. Except, the petitioner in WP 36541/2013, the other petitioners claim as minority institutions, managed by bodies composed of members belonging to the Muslim community.

(3.) The learned counsel for the petitioners Shri Prabhuling K. Navadgi contends that the unreasonableness of the condition imposed is patent and is directly in conflict with the settled legal position as declared by the Apex Court - that the right to establish educational institutions would also include the right to administer an institution and for the managements to have their own selection process, without any interference by the State Government. In this regard, the institutions are certainly required to comply with the twin requirements of transparency and ensuring the maintenance of inter-se merit in selection of the candidates for admission. It is contended that a quid pro quo as it were, that is apparently sought to be exacted by the State Government, in enhancing the Grant-in-aid, is hence unconstitutional and unjust.