IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.18715/2019 (EDN – RES) BETWEEN:
BOARD OF SCHOOL EDUCATION HUBLI, KARNATAKA 4TH PHSE, AKSHAY COLONY VIDYANAGAR, HUBLI - 580021 REP BY ITS SECRETARY SRI ANAND L. PATIL S/O LAVANA GOWDA AGED ABOUT 38 YEARS R/AT KUNNUR VILLAGE SHIGGAV TALUK HAVERI DISTRICT – 581193 …PETITIONER (BY SRI B.J.KRISHNA, ADV.) AND:
1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560001 2. THE PRINCIPAL SECRETARY DEPARTMENT OF PRIMARY AND HIGHER EDUCATION, GOVERNMENT OF KARNATAKA M.S.BUILDING, BENGALURU-560001. …RESPONDENTS (BY SRI E.S.INDIRESH, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS TO THE R-2 THE PRINCIPAL SECRETARY, DEPARTMENT OF PRIMARY AND HIGHER EDUCATION, GOVERNMENT OF KARNATAKA TO CONSIDER THE APPLICATION DATED 22.03.2019 GIVEN BY THE PETITIONER VIDE ANNEXURE-J.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate accepts notice for the respondents.
2. Being aggrieved by the inaction of the respondent No.2 in not considering the application dated 22.03.2019 submitted by the petitioner, this writ petition is filed.
3. The petitioner-Institution has made an application with the respondent No.2 seeking permission to start an educational institution – open school. It is the grievance of the petitioner that second respondent has not acted upon in accordance with the Karnataka Education Act, 1983, albeit the said Act has empowered the respondents to give permission or approval to run the educational institutions in accordance with law. Hence, this writ petition.
4. Having regard to the facts and circumstances of the case, this Court deems it appropriate to direct the respondent No.2 – The Principal Secretary, Department of Primary and Higher Education, Government of Karnataka to consider the application dated 22.03.2019 at Annexure-J to the writ petition, submitted by the petitioner and take a decision in accordance with law in an expedite manner in any event not later than eight weeks from the date of receipt of certified copy of the order and the same shall be communicated to the petitioner. Ordered accordingly.
In view of the aforesaid observations and directions, writ petition stands disposed of.
NC.
Sd/- JUDGE