Case Note & Summary
The case involves a writ appeal filed by Syed Ghouse Mohiyuddin Shah Khadri, the Sajjada Nasheen of Hazrath Dada Hayeth Meer Kalandar Dargah in Chikkamagaluru, challenging an order dated 28.09.2021 passed by a learned Single Judge. The Single Judge had quashed the State Government's order dated 19.03.2018 which included the Dargah as a religious institution under the Karnataka Education Act, 1983, and remitted the matter for reconsideration without reference to the High Level Committee report. The appellant contended that the Dargah was not a religious institution under the Act and that the Government order was passed without affording him an opportunity of hearing. The respondents, including the State and the Samithi, argued that the inclusion was based on the High Level Committee report and was valid. The Division Bench, after hearing the parties, held that the High Level Committee report was only recommendatory and not binding, and that the appellant was entitled to be heard before the order was passed. The court upheld the Single Judge's order quashing the Government order but modified it to direct the State Government to reconsider the matter afresh without reference to the High Level Committee report, and to afford an opportunity of hearing to all concerned parties. The appeal was disposed of accordingly.
Headnote
A) Religious Institutions - Inclusion under Karnataka Education Act - Section 2(16) - The State Government's order including a Dargah as a religious institution was quashed as the High Level Committee report was not binding and the appellant was not heard before the order was passed. The court held that the Government must reconsider the matter afresh without reference to the High Level Committee report. (Paras 1-10)
B) Natural Justice - Opportunity of Hearing - The appellant, as Sajjada Nasheen of the Dargah, was entitled to be heard before the inclusion order was passed. The court found that the order was passed without affording any opportunity, violating principles of natural justice. (Paras 5-8)
C) High Level Committee - Report - The court held that the High Level Committee report was only recommendatory and could not be the sole basis for the Government's decision. The Government must independently apply its mind. (Paras 9-10)
Issue of Consideration
Whether the State Government's order dated 19.03.2018 including the Dargah of Hazrath Dada Hayeth Meer Kalandar as a religious institution under the Karnataka Education Act, 1983 was valid and whether the High Level Committee report could be relied upon without affording opportunity of hearing to the appellant.
Final Decision
The Division Bench upheld the Single Judge's order quashing the Government order dated 19.03.2018 but modified it to direct the State Government to reconsider the matter afresh without reference to the High Level Committee report, and to afford an opportunity of hearing to all concerned parties. The appeal was disposed of accordingly.
Law Points
- Interpretation of Section 2(16) of Karnataka Education Act
- 1983
- Scope of High Level Committee Report
- Natural Justice
- Religious Institution Definition
Case Details
2023 LawText (KAR) (03) 21
W.A. No.1110 OF 2021 (GM-R/C)
Alok Aradhe, Vijaykumar A. Patil
Smt. Shirin Merchant, Smt. Srushti Kadam, Sri. Abdul Khadar, Sri. Ajith Kulkarni, Mr. Vivek Subba Reddy, Mr. N. Jagadish Baliga, Mr. Prabhuling K. Navadagi, Mr. Subramanya, Mr. Aruna Shyam, Mr. Jayakumar S. Patil, Mr. A. Mohammed Tahir
Syed Ghouse Mohiyuddin Shah Khadri
State of Karnataka, Commissioner of Religious and Charitable Endowments, Deputy Commissioner Chikkamagaluru, Tahsildar Chikkamagaluru, Sri Guru Dattatreya Peeta Devasthana Samvardhana Samiti
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Nature of Litigation
Writ appeal against order of learned Single Judge in a writ petition concerning inclusion of a Dargah as a religious institution under the Karnataka Education Act, 1983.
Remedy Sought
Appellant sought to set aside the order dated 28.09.2021 passed by the learned Single Judge in WP No.18752/2018.
Filing Reason
The appellant challenged the Single Judge's order which quashed the State Government's order dated 19.03.2018 including the Dargah as a religious institution and remitted the matter for reconsideration without reference to the High Level Committee report.
Previous Decisions
The learned Single Judge quashed the Government order dated 19.03.2018 and remitted the matter to the State Government for reconsideration afresh without reference to the High Level Committee report.
Issues
Whether the State Government's order dated 19.03.2018 including the Dargah as a religious institution under the Karnataka Education Act, 1983 was valid.
Whether the High Level Committee report could be relied upon without affording opportunity of hearing to the appellant.
Submissions/Arguments
Appellant argued that the Dargah was not a religious institution under the Act and that the Government order was passed without affording him an opportunity of hearing.
Respondents argued that the inclusion was based on the High Level Committee report and was valid.
Ratio Decidendi
The High Level Committee report is only recommendatory and not binding on the Government. The Government must independently apply its mind and afford an opportunity of hearing to affected parties before passing an order including a religious institution under the Karnataka Education Act, 1983.
Judgment Excerpts
This intra court appeal emanates from an order dated 28.09.2021 passed by Learned Single Judge by which in a writ petition preferred by Sri.Guruduttatreya Peetha Samvardhana Samithi, the order dated 19.03.2018 passed by the State Government has been quashed and the matter is remitted to the State Government to re-consider the matter afresh in accordance with law without reference to the report of High Level Committee.
The court held that the High Level Committee report was only recommendatory and could not be the sole basis for the Government's decision.
Procedural History
The writ petition (WP No.18752/2018) was filed by the Samithi challenging the Government order dated 19.03.2018. The learned Single Judge quashed the order and remitted the matter for reconsideration without reference to the High Level Committee report. The appellant filed this writ appeal against the Single Judge's order. The appeal was heard and reserved for judgment on 01.03.2023 and pronounced on 06.03.2023.
Acts & Sections
- Karnataka High Court Act: 4
- Karnataka Education Act, 1983: 2(16)
