Petitioner’s Submission
The petitioners, a trust belonging to a linguistic minority community and an educational institute, submitted that the jurisdictional Tahsildar regarded the second appellant as a linguistic minority institution by issuing a certificate on the basis of the fact that the mother tongue of the trustees is Konkani language. Further, in an order dated 18th June 2014, the state government formed a committee for the purpose of verification of the linguistic/religious minority status of an educational institute.
Later, it was contended that the petitioners submitted an application to the Public Education Department of State Government to declare the second appellant as a linguistic minority school as it was managed by a trust belonging to the linguistic minority community. However, the State Government rejected the application for an endorsement dated 23rd February 2016.
Primarily, the counsel of the petitioner submitted that the learned single judge made an error while disposing of the petition of the petitioners. It was pointed out that the learned Single Judge disposed of the petition of the appellant on the basis of disposal of a previous writ petition concerning the same subject matter. However, the petitioner submitted that the learned Single Judge did not consider the endorsement dated 23rd February 2016, issued specifically to the appellants while rejecting the petitioner’s plea. Additionally, it was submitted that the learned Single Judge did not consider the impact on the rights of the appellants.
Court’s Observation
The Karnataka High Court observed that the learned single judge did not consider or appreciate the facts and circumstances involved in the case. It was further observed that the learned single judge made an error in passing the order dated 16th June 2017 to dispose of the petition filed by the appellants. The Court was of the opinion that it is necessary that facts, matters, and orders are considered while adjudicating.
Court’s Judgment
A bench comprising of Chief Justice of India and Justice S R. Krishna Kumar allowed the appeal made by the petitioners and remit the matter back to the Single Judge Bench for reconsideration in accordance with the law.
Click here to view the Judgement.
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