UMAREBBA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Whether the petitioners are the employees under the State or have the right to be treated as employees under the State is the question involved in these cases.

(2.) The Government of Karnataka vide G.O. No. ED 149 YOYOKA 95 Bengaluru dated 14.08.1995 decided to start five Muslim residential schools in five Divisions of Karnataka for the benefit of Urdu speaking Muslim minorities. Accordingly, the Government selected the following five aided Muslim schools: District Place School Mandya Srirangapatna Hazarath Tippu Sultan Shahid Residential School Mangaluru Ullala Hazrath Sayyad Madani Residential School Bijapur Bijapur Town Hazrath Hajan (Vijayapura) Peer residential school Gulbarga Gulbarga City Badenawab (Kalaburagi) Residential School Ramanagara Ramanagara Hazarath Town Peeranshah Residential School The Government made budgetary allocation for recurring and non-recurring expenses of the said schools including the staff position etc.

(3.) After taking over the above schools to run, the Government vide its Order at G.O. No.ED YOYOKA 95 (1) dated 04.09.1995, withdrew its earlier Order 14.08.1995 and granted permission to one Hazarath Khwaza Garib Nawaz Charitable Trust (hereinafter referred to as "Trust" for short) to run those five schools with certain conditions. In that Government Order, the Government authorised the said Trust to appoint eligible candidates as School staff and hostel staff with the approval of the Government and decided to grant aid to the said Trust to run the schools. Thus the above Schools were Grant-in-aid schools.