2022 Supreme(Online)(KAR) 30

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH, 2022 PRESENT THE HON’BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE KRISHNA S. DIXIT AND THE HON’BLE MS. JUSTICE J. M. KHAZI WRIT PETITION NO. 2347/2022 (GM-RES) C/w WRIT PETITION NO. 2146/2022 (GM-RES), WRIT PETITION NO. 2880/2022 (GM-RES), WRIT PETITION NO. 3038/2022 (GM-RES), WRIT PETITION NO. 3424/2022 (GM-RES-PIL), WRIT PETITION NO. 4309/2022 (GM-RES), WRIT PETITION NO. 4338/2022 (GM-RES-PIL)

IN W.P. NO.2347 OF 2022 BETWEEN:

1 . SMT RESHAM, D/O K FARUK, AGED ABOUT 17 YEARS, THROUGH NEXT FRIEND SRI MUBARAK, S/O F FARUK, AGED ABOUT 21 YEARS, BOTH RESIDING AT NO.9-138, PERAMPALI ROAD, SANTHEKATTE, SANTHOSH NAGARA, MANIPAL ROAD, KUNJIBETTU POST, UDUPI, KARNATAKA-576105.

… PETITIONER (BY PROF. RAVIVARMA KUMAR, SENIOR ADVOCATE FOR SHRI ABHISHEK JANARDHAN, SHRI ARNAV. A. BAGALWADI &

SHRI SHATHABISH SHIVANNA, ADVOCATES)

AND:

1 . STATE OF KARNATAKA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION

2 . GOVERNMENT PU COLLEGE FOR GIRLS BEHIND SYNDICATE BANK NEAR HARSHA STORE UDUPI KARNATAKA-576101 REPRESENTED BY ITS PRINCIPAL 3 . DISTRICT COMMISSIONER UDUPI DISTRICT MANIPAL AGUMBE - UDUPI HIGHWAY ESHWAR NAGAR MANIPAL, KARNATAKA-576104.

4 . THE DIRECTOR KARNATAKA PRE-UNIVERSITY BOARD DEPARTMENT OF PRE-UNIVERSITY EDUCATION KARNATAKA, 18TH CROSS ROAD, SAMPIGE ROAD, MALESWARAM, BENGALURU-560012.

… RESPONDENTS (BY SHRI PRABHULING K. NAVADGI, ADVOCATE GENERAL A/W SHRI. ARUNA SHYAM, ADDITIONAL ADVOCATE GENERAL SHRI VINOD KUMAR, ADDITIONAL GOVERNMENT ADVOCATE SHRI SUSHAL TIWARI, SHRI SURYANSHU PRIYADARSHI &

SHRI ANANYA RAI, ADVOCATES FOR RESPONDENTS 1 TO 3 SHRI DEEPAK NARAJJI, ADVOCATE IN IA 2/2022 SHRI KALEESWARAM RAJ & RAJITHA T.O. ADVOCATES IN IA 3/2022 & IA 7/2022 SMT. THULASI K. RAJ & RAJITHA T.O ADVOCATES IN IA 4/2022 & IA 6/2022 SHRI SUSHAL TIWARI, ADVOCATE IN IA 5/2022 SHRI BASAVAPRASAD KUNALE &

SHRI MOHAMMED AFEEF, ADVOCATES IN IA 8/2022 SHRI AKASH V.T. ADVOCATE IN IA 9/2022 SHRI R. KIRAN, ADVOCATE, IN IA 10/2022 SHRI AMRUTHESH N.P., ADVOCATE IN IA 11/2022 SHRI MOHAMMAD SHAKEEB, ADVOCATE IN IA 12/2022 Ms. MAITREYI KRISHNAN, ADVOCATE IN IA 13/2022 SHRI ADISH C. AGGARWAL, SENIOR ADVOCATE IN IA 14/2022, IA 18/2022, IA 19/2022 & IA 21/2022 SHRI GIRISH KUMAR. R., ADVOCATE, IN IA 15/2022 Smt. SHUBHASHINI. S.P. PARTY-IN-PERSON IN IA 16/2022 SHRI ROHAN KOTHARI, ADVOCATE IN IA 17/2022 SHRI RANGANATHA P.M., PARTY-IN-PERSON IN IA 20/2022)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT No. 2 NOT TO INTERFERE WITH THE PETITIONERS FUNDAMENTAL RIGHT TO PRACTICE THE ESSENTIAL PRACTICES OF HER RELIGION, INCLUDING WEARING OF HIJAB TO THE RESPONDENT No. 2 UNIVERSITY WHILE ATTENDING CLASSES AND ETC.

IN W.P. NO.2146 OF 2022 BETWEEN:

1 . AYESHA HAJEERA ALMAS AGED ABOUT 18 YEARS, D/O MUPTHI MOHAMMED ABRURUL, STUDENT, REPRESENTED BY HER MOTHER KARANI, SADIYA BANU W/O MUPTHI MOHAMMED ABRURUL, AGED ABOUT 40 YEARS, R/AT NO 2-82 C KAVRADY, OPP TO URDU SCHOOL, KANDLUR VTC KAVRADY, P O KAVRADI, KUNDAPURA UDUPI 576211

2 . RESHMA AGE ABOUT 17 YEARS D/O K FARUK STUDENT REPRESENTED BY HER MOTHER RAHMATH W/O K FARUK AGED ABOUT 45 YEARS R/AT NO 9-138 PERAMPALLI ROAD AMBAGILU SANTOSH NAGAR SANTHEKATTE UDUPI 576105

3 . ALIYA ASSADI AGED ABOUT 17 YEARS, D/O AYUB ASSADI STUDENT REPRESENTED BY HER FATHER AYUB ASSADI S/O ABDUL RAHIM AGED ABOUT 49 YEARS, R/AT NO 4-2-66 ABIDA MANZIL NAYARKERE ROAD KIDIYOOR AMBALAPADI UDUPI 576103

4 . SHAFA AGED ABOUT 17 YEARS, D/O MOHAMMED SHAMEEM STUDENT REPRESENTED BY HER MOTHER SHAHINA W/O MOHAMMED SHAMEEM AGED ABOUT 42 YEARS, R/AT NO 3-73 MALLAR GUJJI HOUSE MALLAR VILLAGE MAJOOR KAUP UDUPI 576106

5 . MUSKAAN ZAINAB AGED ABOUT 17 YEARS D/O ABDUL SHUKUR STUDENT REPRESENTED BY HER FATHER ABDUL SHUKUR S/O D ISMAIL SAHEB AGED ABOUT 46 YEARS R/AT NO 9-109 B, VADABHANDESHWARA MALPE UDUPI 576108 … PETITIONERS (BY SHRI. SANJAY HEGDE, SENIOR ADVOCATE FOR SHRI MOHAMMED TAHIR & SMT.TANVEER AHMED MIR, ADVOCATES FOR PETITIONERS 1, 3 TO 5)

(V/O DT. 15.02.2022, PETITION IN RESPECT OF PETITIONER No.2 STANDS DISMISSED AS WITHDRAWN)

AND:

1 . CHIEF SECRETARY PRIMARY AND HIGHER EDUCATION EDUCATION DEPARTMENT KARNATAKA GOVERNMENT MINISTRY MS BUILDING BANGALORE 560001

2 . DIRECTOR PU EDUCATION DEPARTMENT MALLESHWARAM EDUCATION DEPARTMENT BANGALORE 560012

3 . DEPUTY DIRECTOR PRE UNIVERSITY COLLEGE UDUPI DIST UDUPI 576101

4 . DEPUTY COMMISSIONER DC OFFICE UDUPI CITY UDUPI 576101

5 . GOVT PU COLLEGE FOR GIRLS UDUPI CITY UDUPI 576101 REP BY ITS PRINCIPAL 6 . RUDRE GOWDA S/O NOT KNOWN AGE ABOUT 55 YEARS, OCCUPATION PRINCIPAL OFFICE AT GOVT PU COLLEGE FOR GIRLS UDUPI CITY UDUPI 576101

7 . GANGADHAR SHARMA AGE ABOUT 51 S/O NOT KNOWN VICE PRINCIPAL OF GOVT COLLEGE R/AT NO 21/69 ANRGHYA 7TH CROSS MADVANAGAR ADIUDUPI UDUPI 576102

8 . DR YADAV AGE ABOUT 56 S/O NOT KNOWN HISTORY LECTURER OFFICE AT GOVT PU COLLEGE FOR GIRLS UDUPI CITY UDUPI 576101

9 . PRAKASH SHETTY AGE ABOUT 45 S/O NOT KNOWN POLITICAL SCIENCE SUB LECTURER OFFICE AT GOVT PU COLLEGE FOR GIRLS UDUPI CITY UDUPI 576101

10 . DAYANANDA D AGE ABOUT 50 YEARS, S/O NOW KNOWN SOCIOLOGY SUB LECTURER OFFICE AT GOVT PU COLLEGE FOR GIRLS UDUPI CITY UDUPI 576101

11 . RUDRAPPA AGE ABOUT 51 YEARS S/O NOT KNOWN CHEMISTRY SUB LECTURER OFFICE AT GOVT PU COLLEGE FOR GIRLS UDUPI CITY UDUPI 576101

12 . SHALINI NAYAK AGE ABOUT 48 YEARS, W/O NOT KNOWN BIOLOGY SUB LECTURER OFFICE AT GOVT PU COLLEGE FOR GIRLS UDUPI CITY UDUPI 576101

13 . CHAYA SHETTY AGE ABOUT 40 YEARS, W/O NOT KNOWN PHYSICS SUB LECTURER R/AT KUTPADY UDYAVAR UDUPI 574118

14 . DR USHA NAVEEN CHANDRA AGE ABOUT 50 YEARS W/O NOT KNOWN TEACHER OFFICE AT GOVT PU COLLEGE FOR GIRLS UDUPI CITY UDUPI 576101 15 . RAGHUPATHI BHAT S/O LATE SRINIVAS BHARITHYA AGE ABOUT 53 YEARS LOCAL MLA AND UNAUTHIRIZED CHAIRMAN OF CDMC D NO 8-32 AT SHIVALLY VILLAGE PO SHIVALLY UDUPI 576102

16 . YASHPAL ANAND SURANA AGE ABOUT 50 YEARS S/O NOT KNOWN AUTHORIZED VICE CHAIRMAN OF CDMC R/AT AJJARAKADU UDUPI H O UDUPI 576101 … RESPONDENTS (BY SHRI PRABHULING K. NAVADGI, ADVOCATE GENERAL A/W SHRI ARUNA SHYAM, ADDITIONAL ADVOCATE GENERAL SHRI VINOD KUMAR, ADDITIONAL GOVERNMENT ADVOCATE SHRI SUSHAL TIWARI, SHRI SURYANSHU PRIYADARSHI &

Ms. ANANYA RAI, ADVOCATES FOR RESPONDENTS 1 TO 4.

SHRI S.S. NAGANAND, SENIOR ADVOCATE FOR SHRI RAKESH S.N. & SHRI S. VIVEKANANDA, ADVOCATES FOR R-

5 & R6.

SHRI RAGHAVENDRA SRIVATSA, ADVOCATE FOR R-7 SHRI GURU KRISHNA KUMAR, SENIOR ADVOCATE FOR SHRI K. MOHAN KUMAR, ADVOCATE FOR R-8 & IN IA 2/2022 SHRI VENKATARAMANI, SENIOR ADVOCATE FOR SHRI KASHYAP N. NAIK, ADVOCATE FOR R-12 SHRI VENKATARAMANI, SENIOR ADVOCATE FOR SHRI VIKRAM PHADKE, ADVOCATE FOR R-13 SHRI NISHAN G.K. ADVOCATE FOR R-14 SHRI SAJAN POOVAYYA, SENIOR ADVOCATE FOR SHRI MANU KULKARNI & SHRI VISHWAS N., ADVOCATES FOR R-15 SHRI SAJAN POOVAYYA, SENIOR ADVOCATE FOR SHRI MRINAL SHANKAR & SHRI N.S. SRIRAJ GOWDA, ADVOCATES FOR R-16 SHRI SHIRAJ QUARAISHI & SHRI RUDRAPPA P., ADVOCATES IN IA

6/2022)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE THE WRIT OF MANDMAUS AND ORDER TO RESPONDENT NOS. 1 AND 2 TO INITIATE ENQUIRY AGAINST THE RESPONDENT NO.5 COLLEGE AND RESPONDENT NO.6 i.e., PRINCIPLE FOR VIOLATING INSTRUCTION ENUMERATED UNDER CHAPTER 6 HEADING OF IMPORTANT INFORMATION OF GUIDELINES OF PU DEPARTMENT FOR ACADEMIC YEAR OF 2021-22 SAME AT ANNEXURE-J FOR MAINTAINING UNIFORM IN THE P U COLLEGE AND ETC.

IN W.P. NO.2880 OF 2022 BETWEEN:

1 . MISS AISHAT SHIFA D/O ZULFIHUKAR AGED ABOUT 17 YEARS SANTOSH NAGAR HEMMADY POST KUNDAPUR TALUK UDUPI DISTRICT-576230 REP BY HER NATURAL GUARDIAN AND FATHER MR ZULFHUKAR

2 . MISS THAIRIN BEGAM D/O MOHAMMAD HUSSAIN AGED ABOUT 18 YEARS KAMPA KAVRADY KANDLUR POST KUNDAPURA UDUPI DISTRICT-576201.

… PETITIONERS (BY SHRI DEVADUTT KAMAT, SENIOR ADVOCATE FOR SHRI MOHAMMAD NIYAZ, ADVOCATE FOR PETITIONERS)

AND:

1 . THE STATE OF KARNATAKA VIDHANA SOUDHA DR AMBEDKAR ROAD BANGALORE - 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY

2 . THE UNDER SECRETARY TO GOVERNMENT DEPARTMENT OF EDUCATION VIKAS SOUDHA BANGALORE-560001.

3 . THE DIRECTORATE DEPARTMENT OF PRE UNIVERSITY EDUCATION BANGALORE-560009.

4 . THE DEPUTY COMMISSIONER UDUPI DISTRICT SHIVALLI RAJATADRI MANIPAL UDUPI-576104.

5 . THE PRINCIPAL GOVERNMENT PU COLLEGE KUNDAPURA UDUPI DISTRICT-576201.

… RESPONDENTS (BY SHRI PRABHULING K. NAVADGI, ADVOCATE GENERAL A/W SHRI ARUNA SHYAM, ADDITIONAL ADVOCATE GENERAL SHRI VINOD KUMAR, ADDITIONAL GOVERNMENT ADVOCATE SHRI SUSHAL TIWARI, SHRI SURYANSHU PRIYADARSHI &

Ms. ANANYA RAI, ADVOCATES FOR RESPONDENTS 1 TO 5 SHRI AIYAPPA, K.G. ADVOCATE IN IA 2/2022.

SHRI S. VIVEKANANDA, ADVOCATE IN IA 3/2022 SMT. SHIVANI SHETTY, ADVOCATE IN IA 4/2022.

SHRI SHASHANK SHEKAR JHA, ADVOCATE IN IA 5/2022)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED DIRECTION DATED 05.02.2022 VIDE ORDER No.EP 14 SHH 2022 PASSED BY THE RESPONDENT NO. 2 VIDE ANNEXURE-A AND ETC.

IN W.P. NO.3038 OF 2022 BETWEEN:

1 . MISS SHAHEENA D/O ABDUL RAHEEM AGED ABOUT 19 YEARS SANTOSH NAGAR HEMMADI POST, KUNDAPUR TALUK UDUPI DISTRICT-576230.

2 . MISS SHIFA MINAZ D/O NAYAZ AHAMMAD AGED ABOUT 18 YEARS SANTOSH NAGAR HEMMADI POST, KUNDAPUR TALUK UDUPI DISTRICT-576230.

… PETITIONERS (BY SHRI YUSUF MUCHCHALA, SENIOR ADVOCATE FOR SHRI NAVEED AHMED, ADVOCATE)

AND:

1 . THE STATE OF KARNATAKA VIDHANA SOUDHA DR AMBEDKAR ROAD BANGALORE-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY

2 . THE UNDER SECRETARY TO GOVERNMENT DEPARTMENT OF EDUCATION VIKAS SOUDHA BANGALORE-560001.

3 . THE DIRECTORATE DEPARTMENT OF PRE UNIVERSITY EDUCATION BANGALORE-560009

4 . THE DEPUTY COMMISSIONER UDUPI DISTRICT SHIVALLI RAJATADRI MANIPAL UDUPI-576104.

5 . THE PRINCIPAL GOVERNMENT PU COLLEGE KUNDAPURA UDUPI DISTRICT-576201.

… RESPONDENTS (BY SHRI PRABHULING K. NAVADGI, ADVOCATE GENERAL A/W SHRI ARUNA SHYAM, ADDITIONAL ADVOCATE GENERAL SHRI VINOD KUMAR, ADDITIONAL GOVERNMENT ADVOCATE SHRI SUSHAL TIWARI, SHRI SURYANSHU PRIYADARSHI &

Ms. ANANYA RAI, ADVOCATES)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED DIRECTION DATED 05.02.2022 VIDE ORDER No.EP 14 SHH 2022 PASSED BY THE RESPONDENT NO. 2 VIDE ANNEXURE-A AND ETC.

IN W.P. NO.3424 OF 2022 BETWEEN:

DR VINOD G KULKARNI M.D. (BOM) (PSYCHIATRY) D P M (BOM)

FIPS LLB (KSLU)

AGED ABOUT 70 YEARS, OCCUPATION CONSULTING NEUROPSYCHIATRIST ADVOCATE AND SOCIAL ACTIVIST R/O MANAS PRABHAT COLONY, VIDYANAGAR, HUBBALLI -580 021 DIST DHARWAD KARNATAKA CELL NO.9844089068 … PETITIONER (BY DR. VINOD G. KULKARNI, PETITIONER -IN-PERSON)

AND:

1 . THE UNION OF INDIA NEW DELHI REPRESENTED BY THE PRINCIPAL SECRETARY TO MINISTRY OF HOME AFFAIRS NORTH BLOCK NEW DELHI-110011 PH NO.01123092989

01123093031 Email: ishso@nic.in

2 . THE UNION OF INDIA NEW DELHI REPRESENTED BY THE PRINCIPAL SECRETARY TO MINISTRY OF LAW AND JUSTICE

4TH FLOOR A-WING SHASHI BAHAR NEW DELHI--110011 PH NO.01123384205 Email: secylaw-dla@nic.in

3 . THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALURU-560001 Email: cs@karnataka.gov.in … RESPONDENTS (BY SHRI PRABHULING K. NAVADGI, ADVOCATE GENERAL A/W SHRI. ARUNA SHYAM, ADDITIONAL ADVOCATE GENERAL SHRI VINOD KUMAR, ADDITIONAL GOVERNMENT ADVOCATE SHRI SUSHAL TIWARI, SHRI SURYANSHU PRIYADARSHI &

Ms. ANANYA RAI, ADVOCATES FOR RESPONDENT No.3.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING FOR APPROPRIATE WRIT OR ORDER OR DIRECTIONS IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTIONS BE ISSUED TO THE RESPONDENTS TO DECLARE THAT ALL THE STUDENTS OF VARIOUS SCHOOLS AND COLLEGES IN KARNATAKA AND IN THE COUNTRY SHALL ATTEND THEIR INSTITUTIONS BY SPORTING THE STIPULATED UNIFORM AND ETC.

IN W.P. NO.4309 OF 2022 BETWEEN:

1 . MS ASLEENA HANIYA D/O LATE MR UBEDULLAH AGED ABOUT 18 YEARS R/AT NO.1560 13TH MAIN ROAD HAL 3RD STAGE KODIHALLI BANGALORE-560008 STUDYING AT NEW HORIZON COLLEGE ADDRESS 3RD A CROSS 2ND A MAIN ROAD NGEF LAYOUT, KASTURI NAGAR BANGALORE-560043.

2 . MS ZUNAIRA AMBER T AGED ABOUT 16 YEARS MINOR REPRESENTED BY HER FATHER MR TAJ AHMED R/A NO.674 9TH A MAIN 1ST STAGE 1ST CROSS CMH ROAD OPPOSITE KFC SIGNAL INDIRANAGAR BANGALORE-560038 STUDYING AT SRI CHAITANYA TECHNO SCHOOL ADDRESS-PLOT NO.84/1 GARDEN HOUSE 5TH MAIN SRR KALYAN MANTAPA OMBR LAYOUT, BANASWADI KASTURI NAGAR BENGALURU-560043.

… PETITIONERS (BY SHRI A.M. DAR, SENIOR ADVOCATE FOR SHRI MUNEER AHMED, ADVOCATE)

AND:

1 . THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF PRIMARY AND SECONDARY DEPARTMENT

2ND GATE 6TH FLOOR M S BUILDING DR AMBEDKAR VEEDHI BENGALURU-560001.

2 . THE UNDER SECRETARY TO GOVERNMENT DEPARTMENT OF EDUCATION VIKAS SOUDHA BANGALORE-560001.

3 . THE DIRECTOR KARNATAKA PRE-UNIVERSITY BOARD DEPARTMENT OF PRE-UNIVERSITY EDUCATION KARNATAKA NO.18TH CROSS ROAD SAMPIGE ROAD MALESWARAM BENGALURU-560012.

4 . THE COMMISSIONER EDUCATION DEPARTMENT GOVT OF KARNATAKA N T ROAD BANGALORE-560001.

5 . DIRECTOR GENERAL OF POLICE STATE OF KARNATAKA STATE POLICE HEADQUARTERS NO.2 NRUPATHUNGA ROAD BANGALORE-560001.

6 . THE PRINCIPAL REPRESENTED BY COLLEGE MANAGEMENT NEW HORIZON COLLEGE ADDRESS 3RD A CROSS 2ND A MAIN ROAD NGEF LAYOUT, KASTURI NAGAR BANGALORE-560043.

7 . THE PRINCIPAL REPRESENTED BY SCHOOL MANAGEMENT SRI CHAITANYA TECHNO SCHOOL ADDRESS PLOT NO.84/1 GARDEN HOUSE

5TH MAIN SRR KALYAAN MANTAPA OMBR LAYOUT, BANASWADI KASTURI NAGAR BENGALURU-560043.

8 . THE INSPECTOR OF POLICE RAMAMURTHYNAGAR POLICE STATION KEMPE GOWDA UNDER PASS ROAD NGEF LAYOUT DOORAVANI NAGAR, BENGALURU KARNATAKA-560016.

… RESPONDENTS (BY SHRI PRABHULING K. NAVADGI, ADVOCATE GENERAL A/W SHRI. ARUNA SHYAM, ADDITIONAL ADVOCATE GENERAL SHRI VINOD KUMAR, ADDITIONAL GOVERNMENT ADVOCATE SHRI SUSHAL TIWARI, SHRI SURYANSHU PRIYADARSHI &

Ms. ANANYA RAI, ADVOCATES FOR RESPONDENTS 1 TO 5 & 8)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED GOVERNMENT ORDER NO. EP 14 SHH 2022 DATED 05.02.2022, PRODUCED AS ANNEXURE-A AND ETC.

IN W.P. NO.4338 OF 2022 BETWEEN:

GHANSHYAM UPADHYAY AGED 51 YEARS, INDIAN INHABITANT, OCCUPATION, ADVOCATE HAVING HIS OFFICE AT 506, ARCADIA PREMISES, 195, NCPA ROAD, NARIMAN POINT, MUMBAI-400021 … PETITIONER (BY SHRI SUBHASH JHA & AMRUTHESH. N.P., ADVOCATES FOR PETITIONER)

AND:

1 . UNION OF INDIA THROUGH THE MINISTRY OF HOME AFFAIRS, NEW DELHI REPRESENTED BY ITS SECRETARY

2 . STATE OF KARNATAKA THROUGH THE HOME MINISTRY VIDHANA SOUDHA, BENGALURU-560001 REPRESENTED BY CHIEF SECRETARY

3 . THE PRINCIPAL SECRETARY DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, VIDHAN SOUDHA, BENGALURU-560001

4 . THE DIRECTOR CENTRAL BUREAU OF INVESTIGATION, KARNATAKA

5 . NATIONAL INVESTIGATION AGENCY BENGALURU, KARNATAKA REPRESENTED BY DIRECTOR … RESPONDENTS (BY SHRI PRABHULING K. NAVADGI, ADVOCATE GENERAL A/W SHRI. ARUNA SHYAM, ADDITIONAL ADVOCATE GENERAL SHRI VINOD KUMAR, ADDITIONAL GOVERNMENT ADVOCATE SHRI SUSHAL TIWARI, SHRI SURYANSHU PRIYADARSHI &

Ms. ANANYA RAI, ADVOCATES FOR RESPONDENT NOS. 2 & 3. THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE CBI/NIA AND/OR SUCH OTHER INVESTIGATION AGENCY AS THIS HONBLE COURT MAY DEEM FIT AND PROPER TO MAKE A THOROUGH INVESTIGATION WITH REGARD TO THE MASSIVE AGITATION TAKING PLACE ALL OVER THE COUNTRY AND SPIRALLING EFFECT AND IMPACT BEYOND THE GEOGRAPHICAL LIMITS OF INDIA IN THE AFTERMATH OF ISSUANCE OF GOVERNEMNT ORDER DTD.5.2.2022 ISSUED UNDER KARNATAKA EDUCATION ACT 1983 BY THE STATE OF KARNATAKA AND TO FIND OUT AS TO WHETHER THERE IS INVOLVEMENT OF RADICAL ISLAMIST ORGANIZATIONS SUCH AS PFI, SIO (STUDENT ISLAMIC ORGANIZATION) CFI (CAMPUS FRONT OF INDIA) JAMAAT-E-ISLAMI WHICH IS FUNDED BY SAUDI ARABIAN UNIVERSITES TO ISLAMISE INDIA AND TO ADVANCE RADICAL ISLAM IN INDIA AND SUBMIT THE REPORT OF SUCH ENQUIRY/INVESTIGATION TO THIS HON’BLE COURT WITHIN SUCH MEASURABLE PERIOD OF TIME AS THIS HONBLE COURT MAY DEEM FIT AND PROPER AND ETC.

THESE WRIT PETITIONS, HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY, THE CHIEF JUSTICE PRONOUNCED THE FOLLOWING: