CATHOLIC BOARD OF EDUCATION Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these petitions petitioners have sought for the following relief:

(2.) Petitioners proceeded to recruit and appoint for the posts of Assistant Teachers i.e., Science- CBZ, Physical Instructor Grade-I and permission to fill up Hindi Language Teacher. Thereafter, they are required to obtain approval for the grant-in-aid from the respondent - Government. Government - Education Department rejected grievance of the petitioners in respect of approving the aforesaid proposal on the score that selection and appoint and proposal to fill up Hindi Language Teacher are not in terms of Rule 1 (ii) (c) of the Karnataka Educational Institutions (Recruitment and Terms and Conditions of Service Employees in Private Aided Primary and Secondary Educational Institutions) (Amendment) Rules, 2008 notified on 22.11.2008.

(3.) Learned counsel for the petitioners submitted that State Government has committed an error in incorporating the Karnataka Educational Institutions (Recruitment and Terms and Conditions of Service Employees in Private Aided Primary and Secondary Educational Institutions) (Amendment) Rules, 2008 (For short Rules 2008) of item No.1. Rule 1(ii) (c), Rule 3, Rule 6 and Rule 7 and are contrary to Section 141 of the Karnataka Education Act, 1983 (for short Act 1983) r/w Article 30 of the Constitution on the score that petitioner s Society has been notified as Minority Institution and Minority Status has been granted, which is not disputed.