AIR FORCE SCHOOL PARENTS WELFARE ASSOCIATION Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In all these writ petitions the Respondent - schools are situated in different parts of Karnataka and they are affiliated to Indian Council for Secondary Education (ICSE) or Central Board of Secondary Education (CBSE) syllabus. The Petitioners in W.P. No. 34192/2009 and W.P. No. 15296/2009 are the parents and parent's associations of the students studying in the Respondent schools. The parents and parent's associations are before this Court questioning the hike in school fee made by Respondent schools tinder the impugned circulars, letters of intimation etc., as arbitrary, unilateral, unjust and illegal.

(2.) The Petitioner in W.P. No. 24654/2005 is an employee of Respondent No. 3 school controlled and managed by Respondent No. 2. The Petitioner in this petition contends that office of Principal of the Respondent school became vacant on account of retirement of the then principal on 31.05.2005. In anticipation of the vacancy of Principal post Respondent No. 2 invited applications from eligible candidates to fill the vacancy vide their notification dated 09.02.2005 as per Annexure E. The Petitioner submitted her application as per Annexure F for the post of Principal. Overlooking the claim of Petitioner, the Respondent No. 2 appointed Respondent No. 4 as the Principal. Aggrieved by the appointment of Respondent No. 4 as the Principal, the Petitioner filed a petition before Respondent No. 1 -- Government of Karnataka under Sections 131 and 133 of the Karnataka Education Act (for short 'Education Act'). Respondent No. 2 entered appearance before the Government and filed objections inter alia contending that the provisions of the Education Act are not applicable to the educational institutions affiliated to ICSE or CBSE syllabus schools including Respondent No. 3 herein which is affiliated to CBSE syllabus. At that time the Petitioner filed this writ petition questioning the constitutional validity of Karnataka Act 8 of 1998 amending the Education Act excluding the schools affiliated to ICSE and CBSE syllabus from the purview of Education Act. During the pendency of the writ petition, Respondent No. 1 - Government dismissed the petition filed by the Petitioner under Sections 131 and 133 of the Education Act as not maintainable on the ground that the provisions of the Education Act are not applicable to Respondent Nos. 2 and 3 schools.

(3.) Heard arguments on both the side and perused the entire writ papers. On the basis of pleadings and arguments the following points will arise for my consideration.