The Karnataka High Court has affirmed that unaided educational institutions managed by linguistic minority bodies are eligible to receive funding under Section 98 of the Karnataka Education Act.
Title: Rajarajeshwari Dental College and Hospital and Dr Sanjay Murgod
Decided on: 12th, OCTOBER 2023
Writ C No. – 580 OF 2023 (S-RES)
CORAM: The Hon’ble Mr Prasanna B. Varale, Chief Justice and The Hon’ble Mr Justice Krishna S Dixit
INTRODUCTION
A legal dispute concerning the applicability of Section 98 of the Karnataka Education Act to unaided educational institutions run by linguistic minority organizations was brought before the Karnataka High Court in Bengaluru. The court’s ruling on this issue and its consequences for these institutions is outlined in its judgment, which was released on October 12, 2023.
FACTS OF THE CASE
A disagreement exists in this case between Dr. Sanjay Murgod and Rajarajeshwari Dental College. A single judge ruled that Dr. Murgod’s termination notice was invalid and ordered his reinstatement with back pay. In its appeal, Rajarajeshwari Dental College claimed that unaided educational institutions managed by linguistic minority bodies were exempt from Section 98 of the Karnataka Education Act. The court dismissed the appeal after ruling that Section 98 applied to these kinds of institutions.
COURTS ANALYSIS AND DECISION
According to the Karnataka High Court, unaided educational institutions managed by linguistic minority organizations are subject to Section 98 of the Karnataka Education Act. The Rajarajeshwari Dental College’s appeal was denied by the court, which upheld the section’s application to all employees of educational institutions in order to safeguard their employment security and working conditions. The significance of defending workers’ interests in the education sector is emphasized by this ruling.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer. “
Written by- Kusuma R