GOOD SAMARITAN EDUCATION SOCIETY, GOOD SAMARITAN ENGLISH SCHOOL BY ITS SECRETARY REV. P.K. MAHENDRA DASS S/O LATE PAUL DHARMALINGAM AND OTHERS ETC. ETC. Vs. STATE OF KARNATAKA-BY ITS SECRETARY PRIMARY EDUCATION AND OTHERS ETC. ETC.

JUDGEMENT

(1.) IN these set of writ petitions, petitioners have sought for issuance of a writ of certiorari to quash the various Official Memorandums annexed to the respective writ petitions, issued de -recognizing the petitioners schools as violative of Article 14, 19(1)(g) and 21 of the Constitution as also the show cause notices issued for the violation of permission of recognition granted and the undertaking given to run kannada medium on the ground that the schools were being run in english medium.

(2.) THE petitioners are all established educational institutions imparting education at primary level as per the circular specified by the State Government. It is their case that they are imparting education to the students both in kannada and english medium. According to them, when they applied for recognition to run the respective schools in english medium, the Government has refused to grant such recognition based on the government order dated 28.4.1994 prescribing the mother tongue Kannada to be the medium of instruction from 1st to 4th standard in educational institutions. However, permission was granted to run kannada medium primary schools. Some of the schools have conducted classes in english medium from 1 to IV standard despite obtaining recognition to run only kannada medium. Consequently, several orders have been passed withdrawing the recognition earlier granted. Aggrieved by the action of the respondent authority, petitioners are before this Court in these petitions.

(3.) IT is the submission of the petitioners' counsel that when they approached the government authorities seeking for permission to run the school with english as medium of instruction, citing the government order dated 28.4.1994, the State has refused to accord permission for recognition to run the school in english medium. It is their case that to over come the practical difficulty, they necessarily have to obtain recognition from the government and in that view of the matter, by following the procedure and formalities they took permission to run primary school which although was in kannada medium, but thereafter, virtually they were teaching in english as a medium of instruction as there was demand by the parents to impart education to their children in english. Apart from that, it is also their contention that during pendency of the matter, the Full Bench of mis Court in Associated Management of Primary and Secondary Schools in Associated Managements of Primary and Secondary Schools in Karnataka Vs. The State of Karnataka by its Secretary, Department of Education and Others, ILR (2008) KAR 2895 has taken a decision that the Government Order dated 22.4.1994 and 29.4.1994 is violative of Article 19(1)(a), 21, 29(2) it 30(1) of the Constitution as such, certain show cause notices withdrawing the recognition granted in their favour is honest and also is violative of Article 19(1)(a)(g), 29 and 21 of the Constitution. It is also contended in similar matters which were disposed of, the order passed by the respondent authority is only by way of cycle -styled orders and there is non -application of mind and they have not assigned or furnished any reasons and the objections filed by them have not been considered. In such circumstances, they have sought for quashing the impugned notifications.