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2017 DIGILAW 231 (KAR)

Tungabhadra Vidya Samsthe (R) v. State of Karnataka, By its Secretary, Social Welfare Department, Vikasa Soudha, Bangalore

2017-02-02

S.SUJATHA

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ORDER : The petitioners have sought for writ of mandamus, directing the respondents to consider the representations at Annexures ‘D’ and ‘E’, dated 11.07.2016 and 11.09.2016 respectively, and to pay the balance amount to the petitioners’ Institutions from the amount of Rs.17,965/- forthwith. 2. It is the case of the petitioners’ Institutions that they are running D.Ed. Course, which is recognized by the Government of Karnataka. Respondent No.1 by a notification dated 25.05.2007 bearing No. ED.195 PTI 2005, Bangalore, granted to the private (unaided management) seats towards students’ tuition fee of Rs.8,000/-, development fee of Rs.8,000/- and other fee of Rs.1,965/-, in total, a sum of Rs.17,965/- per student, belonging to Scheduled Caste/Scheduled Tribe candidates studying in D.Ed. course. Despite the directions issued by respondent No.1 to all the District and Taluka Social Welfare Department, regarding D.Ed. courses to Scheduled Caste/Scheduled Tribe, the respondents have not paid Rs.17,965/- to each of the private (unaided management) seats. The representations made by the petitioners remained unconsidered. Hence, these petitions. 3. I have heard Sri Jagadeeshachari, learned counsel appearing on behalf of the petitioners and Sri H.T.Narendra Prasad, learned Additional Government Advocate appearing for the respondents and perused the records. 4. Sri Jagadeeshachari, learned counsel appearing for the petitioners contends that the respondents are not considering the Government Notification dated 25.05.2007, where the fee amounting to Rs.17,965/- per student belonging to Scheduled Caste/Scheduled Tribe candidates studying in D.Ed. course was fixed. Despite frequent request made by the petitioners, the same is not considered by the respondents and the balance amount due in regard to this fee structure being not paid to the petitioners. 5. On the other hand, the learned Government Advocate pointed out that, pursuant to the order issued by this Court in various matters relating to the same issue, the government has issued an order dated 23.02.2016, stipulating certain conditions for the payment of fee to the students studying in D.Ed. course belonging to Scheduled Caste/Scheduled Tribe in unaided colleges. As such, unless the conditions stipulated in the said Government Order dated 23.02.2016 are fulfilled by the petitioners’ they are not entitled to any balance of fee as claimed. 6. I have given my anxious consideration to the arguments advanced by the learned counsel for the parties. 7. course belonging to Scheduled Caste/Scheduled Tribe in unaided colleges. As such, unless the conditions stipulated in the said Government Order dated 23.02.2016 are fulfilled by the petitioners’ they are not entitled to any balance of fee as claimed. 6. I have given my anxious consideration to the arguments advanced by the learned counsel for the parties. 7. It is not in dispute that the State Government by the Government Notification dated 25.05.2007, fixed the fee structure to each of the Scheduled Caste/Scheduled Tribe students studying in D.Ed. course in private (unaided management) seats. Subsequently, another Government Order dated 23.02.2016 is issued. 8. It is the claim of the petitioners that they are entitled to the balance amount from the academic years 2005-06 to 2011-12 in terms of the government notification dated 25.05.2007. Though certain conditions for the payment of fee structure is now prescribed by the government as per the Government Order dated 23.02.2016 at Annexure ‘C’ to the writ petition, the same requires to be examined by the authorities as to whether the petitioners are entitled to the claim made towards the arrears of the fee as claimed. 9. It is an obligation cast on the concerned authorities to consider the representations of the petitioners and to pass appropriate orders. In view of the same, the writ petitions are allowed. The respondents are directed to consider the representations of the petitioners’ at Annexure ‘D’ dated 11.07.2016 and Annexure ‘E’ dated 11.09.2016 in accordance with law, more particularly, in terms of the Government Order dated 23.02.2016 and pass appropriate orders within a period of two months from the date of the receipt of the copy of this order.