Madakari Education Society (Regd.) vs The Additional Secretary to Government (Primary and Secondary Education) Education Department and Others

H.N. Nagamohan Das, J.—The petitioner is a Society registered under the Societies Registration Act and engaged in running educational institutions in different parts of Karnataka State. Some of the respondents approached this Court In Writ Petition No. 31099/1996 to direct the Government of Karnataka to take action against the petitioner Society, on the ground that there is mis-management. This Court disposed of Writ Petition No. 31099/1996 with a liberty to approach the Commissioner for Public Instructions for necessary relief. Accordingly, some of the respondents approached the Commissioner for Public Instructions and after hearing both the parties, the impugned order at Annexure-B came to be passed on 30.10.2004 with an observation that the Government may consider invoking Section 67 of the Karnataka Education Act of 1983 against the petitioner Society. Aggrieved by the impugned order at- Annexure-B, the petitioner Society filed an appeal before the government in Appeal No. 65/2004 and the same came to be dismissed vide order dated 27.02.2006 as per Annexure-A. The petitioner Society being aggrieved by the impugned orders at Annexure-A and B is before this Court Further the petitioners have also questioned the constitutional validity of Section 67 of Karnataka Education Act

Heard the arguments on both sides and period the entire writ papers.

It is not in dispute that petitioner is the Society registered under Karnataka Societies Registration Act and engaged in running educational institutions. u/s 67 of the Karnataka Education Act, the State Government is empowered to initiate action against any Society, when it is found that it is involved in mis-management. The power be regulate educational institutions u/s 67 of the Education Act, is neither arbitrary nor un-constitutional.

Though in the impugned orders, it is stated that the Government may consider to invoice power u/s 67 of the Education Act against the petitioner Society, no show cause notice was issued to the petitioner Society. Even if the government wants to invoke its power u/s 67 pursuant to the impugned orders at Annexure-A and B, they can do so after providing opportunity to the petitioner Society by issuing a notice and hearing.

In the Circumstance and for the reasons stated above, the Writ Petition if hereby rejected.

All contentions are left open.