FOUNDATION EDUCATIONAL TRUST Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Having heard learned counsel for the parties and having perused the material placed on record, we are not persuaded to consider interference in the order dated 12.02.2018, as passed in W.P.No.5586/2018, whereby, a learned Single Judge of this Court has declined the prayer for interim relief.

(2.) Shorn of unnecessary details, the relevant background aspects of the matter are that the petitioner/appellant has filed the writ petition aforesaid, questioning the vires of Section 12(1)(c) of the Right to Children to Free and Compulsory Education Act, 2009 ['the Act of 2009'] as also the Government Order dated 18.06.2014, being that of guidelines and procedure to declare the educational institutions run by the minorities as the linguistic/minority institutions. In the said writ petition, the petitioner has also made the prayer for interim relief with the submissions that, being a minority educational institution, the Act of 2009 does not apply to its case.

(3.) It has been an admitted position before the learned Single Judge that the petitioner/appellant had made an application to the respondent No.3 National Commission for Minority Educational Institutions for being recognised as a minority educational institution. It was prayed that pending consideration of such an application, the respondents be restrained from directing the petitioner to make admissions as per the provisions of the Act of 2009. The order dated 08.09.2017, as passed by the Division Bench of this Court in the case of M/s. Sharada Vidyalaya vs. State of Karnataka and Others in Writ Appeal No.1512/2017, was referred to.