IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION No.28967 OF 2019 (EDN-RES) Between:
Gnanamandhira Education Trust (R), No.305/A, Kanakanagara, J.P. Nagar Post, Bengaluru-560078, Represented by its Managing Trustee cum Secretary, Sri S.V. Singregowda, S/o Late S.D. Vasanthagowda, Aged about 72 Years.
(By Sri. R.P.Somashekaraiah, Advocate) And:
1. The State of Karnataka By its Principal Secretary, Department of Primary and Secondary Education, M.S. Building, Dr. B.R. Ambedkar Veedhi, Bengaluru – 560 001.
2. The Commissioner of Public Instruction, Nrupathunga Road, Bengaluru – 560 001 …Petitioner 3. The Deputy Director of Public Instruction, Bengaluru South District, Kalasipalyam, Bengaluru – 560 002.
4. The Block Education Officer, South Range - I, Shankara Mutt Road, Shankarapuram, Bengaluru – 560 004.
(By Smt. Pramodini Kishan, AGA) ...Respondents This Writ Petition is filed under Articles 226 and 227 of Constitution of India praying to set aside the memo/endorsement dated 27.6.2019 in so far as petitioner Institution is concerned under Annexure-Q passed by the R-4 and etc.
This Writ Petition is coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER In the instant petition, the petitioner has assailed the decision of the Block Education Officer, Bangalore South Range by which the petitioner’s grievance relates to the Gnanamandhira Education Trust- institution to be extended grant-in-aid, has been turned down by order dated 27.06.2019 while referring to the various decisions of the Government, Director and Deputy Director.
2. The learned counsel for respondents submit that the petitioner has remedy of appeal before the appropriate authority. It is to be noted that Annexure-Q dated 27.06.2019 do not reveal the reasons as to why the petitioner’s grievance has been turned down except citing certain decisions of the various authorities. In other words, the orders are not speaking one, the Supreme Court and Courts have time and again held that even administrative orders must contain reasons.
3. In view of the facts and circumstances, the petitioner is not in a position to file / submit effective appeal before the Appellate Authority. Hence, Annexure- Q dated 27.06.2019 is set aside. Block Education Officer, Bangalore South Region is hereby directed to pass a speaking order with reasons and communicate the decision within a period of one month from the date of receipt of certified copy of this order.
Accordingly, the petition is allowed.
Sd/- JUDGE UN