QURAISH EDUCATIONAL SOCIETY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This matter is disposed of at the stage of preliminary hearing after notice to respondent and after hearing the Counsel for parties.

(2.) The matter arises thus : The 1st petitioner is a Society registered under the Karnataka Societies Registration Act, 1960, (hereinafter referred to as the Act) having its office at Basavakalyan in Bidar District. Among other things, its main objects are to establish and administer educational institutions of its choice for which purpose it is incorporated and registered under the Act. It was promoted in 1972 by 9 Muslims. Petitioner No. 2, in this writ petition, is its President. The petitioners have asserted that the Muslims are a minority in the State of Karnataka, both on the basis of the language spoken and the religion professed by them. They have furnished a copy of the Memorandum of Association and rules and regulations of the 1st petitioner-Society. They have asserted that the membership is open only to Muslims. Since 1972, It has established the Taj Urdu and Kannada Higher Primary School at Basavakalyan. The school caters primarily to the needs of the Muslims. Of the 2000 students on its rolls, about 1700 are Muslims and the remainder come from the Schedule Castes and Tribes. In 1983 the petitioner-Society established the Al- Ameen Taj Quraish Polytechnic in the same place at Basavakalyan In which the Muslim students are about 50 per cent or a little more. Therefore, having regard to the objects of the Society, the 1st petitioner and the fact of it having established the two institutions mentioned essentially for the benefit of the Muslim students, the petitioners claim the protection of Art. 30 of the Constitution of India.

(3.) The petitioners have alleged that there have been lapses on the part of the education department in respect of the higher primary school at Basavakalyan in connection with which the petitioners were compelled to approach this Court in W. P. No. 19523/1984 and W. P, No. 13286/1985 directed against the respondent-State. In the said petitions, the petitioners had prayed that ths Commissioner of Public Instruction should grant approval for the bifurcation of students I, II and IV and other ancillary reliefs. In the second writ petition i.e., W. P. No. 13286/1985, the petitioner-Society prayed for a writ directing the State to refrain from de-recognition of the aforesaid school. In both these writ petitions, the petitioner's Society was granted ad interim stay. On the respondent State's failure to abide by the interim order in the first of the writ petitions mentioned above, the Society was constrained to file contempt proceedings in this Court. The writ petitions and the contempt proceedings are said to be pending in this Court.