IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION NO.7957/2019 (EDN-RES) BETWEEN SHRI BRUNDAVAN EDUCATION SOCIETY BRUNDAVAN KANNADA PRIMARY SCHOOL BRUNDAVANANAGAR BENGALURU REPRESENTED BY ITS SECRETARY, SRI RAJAPUTRAIAH S B S/O SHANKARAIAH AGED ABOUT 50 YEARS. ... PETITIONER (BY SRI R.P.SOMASHEKHARAIAH, ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY EDUCATION DEPARTMENT PRIMARY & SECONDARY EDUCATION, M S BUILDING BANGALORE-560001.
2. THE COMMISSIONER FOR PUBLIC INSTRUCTION, NEW PUBLIC OFFICE, NRUPATHUNGA ROAD, BENGALURU-560001.
3. THE COMMISSIONER FOR PUBLIC INSTRUCTION DHARWAD DHARWAD DISTRICT-580001. ... RESPONDENTS (BY SMT. PRAMODHINI KISHAN, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO CONSIDER THE APPEAL 53/2018 UNDER ANNEXURE-J FOR SHIFTING OF THE SCHOOL FROM BRUNDAVANANAGAR BENGALURU TO THADDEVADI VILLAGE, INDY TALUK, VIJAYAPURA DISTRICT AND ALSO FOR CHANGE OF MANAGEMENT BY CONSIDERING THE REPORT SUBMITTED BY THE CONCERNED AUTHORITIES INCLUDING THE 3 MEN COMMITTEE REPORT DATED 26.08.2016, LETTER DATED: 17.05.2016 AND THE REPORT OF THE BLOCK EDUCATION OFFICER, CHADACHAN DATED: 08.01.2018 AND INCLUDING THE LETTER DATED; 18.10.2018 SUBMITTED BY DEPUTY DIRECTOR OF PUBLIC INSTRUCTION, VIJAYAPURA UNDER ANNEXURE-E, F, G & H RESPECTIVELY.
THIS WRIT 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 respondents.
2. The petitioner has sought for a direction to respondent No.1 to consider the Appeal No.53/2018 filed by the petitioner for shifting of the school from Brundavananagar, Bengaluru to Thaddevadi village, Indy Taluk, Vijayapura District.
3. The petitioner is claiming to be an education institution permitted by the competent authority to run the school with effect from the academic year 1977-78 in Kannada medium and the school was also included for grant in terms of the order of State Government dated 19.07.1980.
4. It is the grievance of the petitioner that in view of the lack of infrastructure and other facilities, the petitioner institution was not given permission to run the school in the address to which the approval was granted, the petitioner had sought for shifting the school with the competent authority. In the meantime, the petitioner has started the school in the rural area Thaddevadi village, Indy Taluk, Vijayapura District with all the infrastructure and accordingly a request was made for shifting the school from Brundavananagar to Thaddevadi village and representation is said to have been submitted to the said effect. However, no consideration being made on the representations submitted before the respondents in as much as seeking permission for shifting of the school, an Appeal No.53/2018 has been preferred before respondent No.1 under Section 133 of the Karnataka Education Act, 1983. In view of non-disposal of the appeal, the petitioner is before this Court.
5. Considering the totality of the circumstances of the case, this court deems it appropriate to direct respondent No.1 to consider the Appeal filed by the petitioner under Section 133 of the Karnataka Education Act, 1983 after providing an opportunity of hearing to the petitioner and decide the matter in accordance with law in an expedite manner, in any event, not later than twelve weeks from the date of receipt of the certified copy of this order. Ordered accordingly.
With the aforesaid observations and directions, the writ petition stands disposed of.
Sd/- JUDGE Chs*