GNYANA MANDIR TRUST Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner institutions and their Managements are before this Court claiming that these institutions are established by the linguistic minorities and therefore, they have protection under Article 30 of the Constitution of India. In effect, they seek a relief from the coercive action taken by the official respondents under the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (hereafter 'RTE Act, 2009'), the plurality of prayers made in the petition, notwithstanding.

(2.) After service of notice, the respondent -State has entered appearance through the learned AGA, Smt. Pramodhini Kishan; the respondent National Commission for Minority Educational Institutions (hereafter, 'the Commission') is represented by the Additional Solicitor General of India, Sri. C. Shashikantha; the other respondent the Union of India is represented by the Additional Central Government Counsel, Smt. K.S.Anusuya Devi. The respondent children who have been allotted seats under the RTE Quota are represented by their counsel, Smt. Dhanalakshmi K, who has not made any submission. At their request, all these cases are clubbed together and heard as common questions of facts and law have arisen, notwithstanding the varying prayers made in the Writ Petitions.

(3.) The State Government has filed its Statement of Objections resisting the writ petition. The respondent- Central Government has filed a memo dated 19.03.2018, paras 3 and 4 whereof read as under: