IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI W.P. NOS.29071/2019 AND 29728/2019 (EDN-RES) BETWEEN:
1. GMM HIGH SCHOOL HARIHARA, HARIHARA TALUK DAVANAGERE DISTRICT REPRESENTED BY PRESIDENT SRI.RAJAPUTRAIAH S.B. S/O.SHANKARAIAH AGED ABOUT 50 YEARS OF JOSTHNA EDUCATION SOCIETY (REGD.) 2. GMM HIGH SCHOOL HOSUR VILLAGE SHIKARIPURA TALUK SHIVAMOGGA DISTRICT-577 427 REPRESENTED BY PRESIDENT SRI.RAJAPUTRAIAH S.B. S/O.SHANKARAIAH AGED ABOUT 50 YEARS OF JOSTHNA EDUCATION SOCIETY (REGD.) … PETITIONERS (BY SRI.SOMASHEKARAIAH R.P., ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPLE SECRETARY EDUCATION DEPARTMENT PRIMARY & SECONDARY EDUCATION M.S.BUILDING BANGALORE-560 001 2. THE COMMISSIONER FOR PUBLIC INSTRUCTION NEW PUBLIC OFFICE NRUPATHUNGA ROAD BENGALURU-560 001 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION DEPARTMENT (ADMINISTRATION), SHIVAMOGA 4. THE BLOCK EDUCATION OFFICER SHIKARIPURA, SHIKARIPURA TALUK SHIVAMOGA DISTRICT 5. THE DIRECTOR KARNATAKA SECONDARY EDUCATION EXAMINATION BOARD MALLESHWARAM BENGALURU-560 003 (BY SMT.PRAMODHINI KISHAN, AGA) ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 DISPOSE OF THE APPEAL 49/2018 UNDER ANNX-J FOR SHIFTING OF THE SCHOOL FROM HARIHARA TOWN, HARIHARA TALUK, DAVANAGERE DISTRICT BY CONSIDERING TO 3 MEN COMMITTEE REPORT DTD: 16.05.2016 UNDER ANNX-G AS OER THE ORDER PASSED BY THIS HON’BLE COURT IN W.P.NO.16/2019 DTD: 13.02.2019 UNDER ANNX-L RESPECTIVELY AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petitions, petitioners’ grievance is shifting of their School from Harihara Town, Davanagere to Hosur Village, Shikaripura Taluk, Shivamoga. There was an inaction on the part of the respondents. Hence, the present petitions.
2. On instructions submitted that matters are pending consideration before the 1st respondent pursuant to order dated 29.8.2018 after due formalities among hierarchy of the official - respondent. Now what remains, a decision from the 1st respondent where the petitioners’ grievance could be addressed appropriately.
3. In view of these facts, 1st respondent is hereby directed to take a decision ‘whether petitioners are entitled for shifting of their school from Harihara Town, Davanagere to Hosur Village, Shikaripura Taluk, Shivamoga District or not?
4. In this regard, 1st respondent is hereby directed to take a decision and communicate the decision to the petitioners within a period of six weeks from the date of receipt of this order.
Accordingly, petitions are disposed of.
Sd/- JUDGE BS