MYSORE DIOCESAN EDUCATIONAL SOCIETY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner No.1 a society registered under the Karnataka Societies Registration Act, 1966 and the Petitioner No.2 a Lower Primary School founded by the said society are invoking the writ jurisdiction of this Court for the quashment of the impugned Memoranda dated 24.04.2018 and 26.04.2018 issued by the second respondent B.E.O at Annexures D and F respectively, whereby they are warned in effect to admit the students under the RTE quota, failing which coercive action would be taken.

(2.) After service of notice the respondents have entered appearance through the learned Additional Government Advocate Smt. Pramodini Kishan who resists the petition prayer, having filed the Statement of Objections inter alia accompanied by a copy of Division Bench Judgment dated 26.04.2018 in W.A. No. 980/2018 in a matter allegedly having some bearing on the issue raised herein.

(3.) Learned Counsel for the petitioners succinctly submits that the first respondent State has issued the Notification dated 13/19th of August 1987 declaring all the primary schools established by the first petitioner - Society as the schools approved and recognized by the Education Department, and that they are established and administered by the first petitioner-management that belongs to a Minority Community; that being so the second respondent-BEO is not justified is coercing the school for admitting the students under the RTE quota and of threatening the petitioners of penal consequences, on their refusal/failure.