SAHYADRI EDUCATION TRUST R Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these Writ petitions, an important but difficult question on the interpretation of certain provisions of the Constitution of India and also the provisions of the Grand- in-Aid Code for Primary Schools framed by the Department of Education, Government of Karnataka (in short the Code) arise for consideration. Since common questions of law arise for my consideration, these writ petitions are disposed of by a common order.

(2.) The petitioner in W.P..No. 18313 of 1987 is a registered Trust registered under the provisions of the Societies Registration Act. It is running a Kannada Medium Primary School and necessary permission has been obtained by it from the Government for running the aforesaid school in Kannada Medium. Having obtained such permission from the Government, this Court could proceed on the premise that the petitioner has fulfilled all the necessary conditions for locating a primary school as required under the relevant provisions of the Code. Sometime in the year 1986 the petitioner made an application to the authorities concerned for permission to start First Standard in English Medium from 1987- 88. This request was made in accordance with the decision taken by the Management of the Petitioner/Society on 9-10-1986. The relevant rule in the Code on which the petitioner relies for starting an English Medium School is Rule 12(iv). It reads as under: English medium schools or English medium sections in the existing Primary Schools may be opened with the permission of the Director for the benefit of the following categories of students :- (iv) Students whose parents are employees of Banks, Firms and other Business concerns; which have branches in more than one State and the employees of which are liable to be transferred from State to State (on production of certificate from the concerned authorities);" This application was accompanied by a declaration of the parents and residents of Bhadravati who were working in certain departments of Central Government and Nationalised Banks and they joined in the request for granting permission for starting an English Medium Primary School. It is on record that nearly 115 parents had made the request in this regard in compliance with the statutory requirement of the aforesaid rule. The annexure filed by the petitioner, Annexure C-1, shows that the residents who had signed the representation to the authorities concerned in support of the petitioner's application for permission to start an English Medium School are employees of Nationalised Banks, of Visweswaraiah Iron and Steel Ltd., and other Governmertt and quasi Government Institutions. There are also some persons who are employed in the Railways. It is, therefore, quite natural that, all these employees who had signed the representation were desirous of their children acquiring education in English medium, since these employees on account of their employment in Central Government Institutions and Departments are liable for transfer from place to place and State to State and such transfer would necessarily involve a change in the medium of instruction from State to State if the medium of instructions is confined to the regional language of the area in which the school is situate. But, if the medium of instructions is English, it would be easy for their children in the event of their transfer to Join any other school in any other State where similar facilities for imparting in English medium are available. With this object, obviously, the petitioner with a view to help a number of students who were eager to acquire Primary education in English medium made the necessary application to the 2nd respondent, i.e., the Director of Public Instruction (Primary Education)(in short the DPI). It should be noticed at this stage that the Senior Assistant Director for Primary Education by his letter dated 31-10-1986 under Annexure D-1 had forwarded the application of the petitioner to the Deputy Director for his report and recommendation as per the 'check list'. The Deputy Director, after making the necessary inspection, was satisfied that the petitioner/Society had sufficient accommodation and there was no English Medium School within the radius of 1-2 k.m. from the school of the petitioner and accordingly recommended to grant of permission to start an English Medium Primary School. This recommendation was also before the DPI. But, the petitioner was served with an endorsement dated 6-10-1987 rejecting its request to open an English Medium School. That is how this matter has come before this court.

(3.) The petitioner has averred in para 4 of the writ petition that the State Government had accorded permission by an order dated 28-9-1987 for the English Medium Schools numbering 10; that the permission accorded amongst others was to certain schools which were opened prior to 1982-83 as is evident from the said order which has mentioned that the following schools which were started in the year 1982-83 were also granted permission : Madyu Memorial English School, J.S.S. English Medium School, St. Michel English Medium School. In para 5 of the writ petition the petitioner has averred that by another order dated 9-7-1986 the State Government has granted permission to Sree Basaveswara Vidhyavardhaka Sangha, Bangalore from 1986-87, to Sri. Renuka Yallamma Education Society from 1986-87 and Balbhavan Education Trust from the year 1987-88. The petitioner has also filed 2 more Government Orders after the filing of the writ petition and they are both dated 15-6-1988 according permission to Banu Education Society from 1984-85 and Sree Sharada English Medium School from 1988-89.