The High Court of Karnataka has said that the Karnataka State Commission for Scheduled Castes and Scheduled Tribes has no power in law to issue direction to the State government to withhold the grants to educational institutions.
Justice M.I. Arun passed the order while allowing a petition filed by Sri Vasavi Education Society, Hosapete, questioning the legality of the commission’s directive to withhold the grants to the petitioner-institution.
The commission in September 2021 directed the government to withhold grants as an interim order on a complaint made by H. Hanumantha, who belongs to the SC community and was working as a headmaster in a school run by the society.
The school had initiated disciplinary proceedings against him for alleged misconduct and demoted him to the post of a teacher following outcome of the proceedings.
Though Mr. Hanumantha did not question the legality of the disciplinary action before the competent authority, he had approached the commission alleging discrimination against him on the ground of caste, the court noted from the records.
Meanwhile, the court pointed out that the provisions of the Karnataka State Commission for the SC and ST Act, 2002, do not empower the commission to issue such direction to the government.
“Even otherwise if the commission comes to a conclusion that the petitioner-institution has discriminated against the complainant teacher because he belongs to the SC category, it can only make a suggestion by taking up the matter with the appropriate authorities and cannot issue direction as issued in the instant case,” the court made it clear.
The court also noted that the commission’s direction to withhold grants was issued without even inquiring into whether the petitioner-institution allegedly discriminated against the complainant because he belongs to the SC category.
