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State Commission For SC/ST Can’t Direct Government To Withhold Grants Made To Educational Institution:Karnataka High Court

The Karnataka High Court held 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. This was seen in the case of SRI VASAVI EDUCATION SOCIETY v. KARNATAKA STATE COMMISSION FOR THE SCHEDULED CASTES AND SCHEDULED TRIBES & ANR (WRIT PETITION NO. 101248 OF 2022) and the judgment was presided over by the Coram of Justice M.I. ARUN.

Facts of the case-

In the present case, a former headmaster of the school had earlier approached the commission after the institution demoted him to the position of a teacher following allegations of certain misconduct.

Judgement-

The High Court had noted and referred to Section 8 (b) of the Act which reads:

  1. 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.

Finally, the bench said the clause does not empower the commission to direct the authorities to withhold grants made in favour of an educational institution. It also noted that the impugned order is in the nature of an interim order judgement without enquiring into whether the petitioner has been discriminated against because he belongs to a Scheduled Caste category.

Further, the court allowed the petition and noted, “Even if respondent concluded that 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.”

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Judgement reviewed by Alaina Fatima.

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