VALMIKI EDUCATION SOCIETY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This group of W.Ps. can be conveniently disposed of through a common order.

(2.) The petitioners were originally granted permission to run a C.P.E.D. Course at Algacadi, Chitradurga Taluka, during the academic year 1985-86. According to them, after running for three years, the institution closed down in 1990 for want of students. They thereafter, contend that they shifted to Hubli in the year 1995-96 because there is a lot of demand for the running of such courses in that place. It is their case that the local authorities supported their efforts and that they have applied to the concerned authorities for formal permission to shift the institution to that place. Petitioners have also relied on the fact that they have applied to the Chief Minister of Karnataka to consider their request and they have produced the reply dt. 15-7-1995 from the Chief Minister of this State mentioning that the matter has been forwarded to the Education Secretary - 2 for examination and doing the needful.

(3.) This is one more case where this Court has come across references to M.L.As. and Ministers or the Chief Minister. This Court not only disapproves of any such oblique influences being used, but specifically deprecates this practice. This is an improper and wrong practice and a situation where the authority is being misused, the reason for it is that there are well defined rules and regulations made by the Education Department and by the Universities and what is sought to be done is that these rules are being by-passed by using political clout as has happened in the present case. In the view of this Court, even such representations are made, the elected representative must inform the person concerned that the application must be made to the prescribed authorities and that it will be considered on merits. This Court categorised the present situation as a wrong practice and requires to amplify as to why this is so. In the given instance, Annexure- 'C' to the petition is a letter from the Chief Minister of the State who is the highest authority of the Government. When such a letter is received by the Education Secretary who is a subordinate officer of the Government, there is a lot of undue influence that carries along with this letter, but more importantly, irrespective of what the rules provide for, the subordinate officer will not be in a position to reject the application even if the petitioners are under- serving. What is even more damaging is that if at all the subordinate officer were to stand his ground and reject the application, that in keeping with the situation now prevalent, the officer concerned is bound to run into serious problems inevitably, with the politician concerned hitting back at him resulting in victimization, harassment and in all probability, transfer to some remote area which is regarded as a punishment station. The education field has been completely ruined thanks to political influence and it is for this reason that this Court must deprecate such efforts in the strongest of terms.