Karnataka State Commission For SC/ST Cannot Direct Govt To Withhold Grants to School: High Court

The Karnataka High Court has said that Karnataka State Commission for the Scheduled Castes and Scheduled Tribes Act, 2002 does not empower the Commission constituted under it to direct the government to withhold grants being made to an educational institution.

Justice M.I.ARUN of the Dharwad bench allowed the petition filed by Sri Vasavi Education Society and set aside the interim order dated 16.09.2021, by which the commission directed the government to withhold the grants being made to the petitioner institution.

A former head master of the school had earlier approached commission after the institution demoted him to the position of a teach following allegations of certain misconduct.

Findings:

The bench referred to Section 8 (b) of the Act which reads as under:

8. Functions of the Commission.- The functions of the commission shall be as follows,- b) to inquire into specific complaints with respect to the deprivation of rights and safeguard of the Scheduled Castes and the Scheduled Tribes of Karnataka and to take up such matters with the appropriate authorities.

The court said the clause does not empower the commission direct the authorities concerned to withhold grants made in favour of an institution as in the instant case. It also noted the impugned order is in the nature of of an interim order which without enquiring into whether the petitioner has been discriminated against because he belongs to a Scheduled Caste category.

"Even otherwise if respondent No.1 were to come to a conclusion the petitioner has been discriminated against because he belongs to the Scheduled Caste category, it can only make suggestions by taking up the matter with the appropriate authorities and cannot issue directions as issued in the instant case."

Case Title: SRI VASAVI EDUCATION SOCIETY v KARNATAKA STATE COMMISSION FOR THE SCHEDULED CASTES AND SCHEDULED TRIBES & ANR

Case No: WRIT PETITION NO. 101248 OF 2022

Citation: 2022 LiveLaw (Kar) 369

Date of Order: 13TH DAY OF SEPTEMBER, 2022

Appearance: PRASHANT F. GOUDAR, NAVEEN GUDIKOTE, B. N. MAHESH CHANDRA AND AISHWARYA N. JAIN, ADVOCATES for petitioner.

C. JAGADISH, ADVOCATE FOR R1

MALLIKARJUN C. HUKKERI, ADVOCATE FOR R2.

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