IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 8TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT PETITION NO.9726 OF 2019 (EDN-RES) PIL BETWEEN:
K L PRAVEEN BABU SON OF LINGIAH, AGED ABOUT 45 YEARS, RESIDING AT NO.469, 6TH "A" CROSS, HEALTH LAYOUT, ANNAPURNESHWARINAGARA, BENGALURU-560 091. ... PETITIONER (BY SRI V B SIDDARAMAIAH, ADVOCATE) AND:
1. THE CHIEF SECRETARY STATE OF KARNATAKA, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU- 560001.
2. KARNATAKA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS 4TH FLOOR KRISHI BHAVAN NRUPATUNGA ROAD RANI CHENNAMMA CIRCLE BENGALURU-560002 REPRESENTED BY ITS CHAIR PERSON 3. THE PRINCIPAL SECRETRY PRIMARY AND HIGHER EDUCATION DEPARTMENT M.S. BUILDING, BENGALURU-560001.
4. SRI. MOHAMMAD MOHASIN SECRETARY TO GOVERNMENT BACKWARD CLASS WELFARE DEPARTMENT VIKASA SOUDHA BENGALURU -560001.
5. KENDRIYA VIDYALAYA SANGATHAN NO.18 INSTITUTIONAL AREA SHAHEED JEET SING MARG NEW DELHI -110016 REPRESENTED BY ADDTIONAL COMMISSIONER (ADMN) 6. THE PRINCIPAL KENDRIYA VIDYALAYA, 18TH CROSS, MALLESHWARAM, BENGALURU- 560 055. ... RESPONDENTS (BY SRI. D NAGARAJ, AGA. FOR RESPONDENT Nos.1 TO 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 23.10.2018 PASSED BY THE R-2 AS PER ANNEXURE-J AS THE SAME IS UNJUST, ARBITRARY AND WITHOUT AUTHORITY OF LAW.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER The writ petitioner claims to be a person interested in public welfare. He seeks to question the impugned order passed by the Karnataka State Commission for protection of child rights. It is his plea that there were 2,717 aspirants for the school and therefore, the school opened a second shift in four Kendriya Vidyalas. Therefore, the same is in the interest of the public.
2. By the impugned order dated 23.10.2018 the State Commission has relied on the various material before it. It is stated in the impugned order that there are almost 60 students in each class. The Principal in her letter dated 09.04.2018 had opined that it is not feasible or advisable to have the second shift. That there is only one Principal for both the shifts. That the Principal comes to School at 10.00 a.m, whereas the first shift is from 7.00 a.m. to 12.25 p.m. and the second shift is from 12.30 to 6.00 p.m. which means that the school would not have a Principal for most of the time. That the children are made to attend the classes either too early or too late in the evening. That there are 37 teachers and only 8 teachers are permanent and others are all temporary teachers. That the timings of each period is also reduced by 5 minutes to adjust the second shift. In pursuance of the same, no documents were produced to show appointment of regular teachers and that no documents were produced to indicate that permission has been taken from the CBSC affiliation Committee as per clause 14 (B) (2) (iv) of the Affiliation Bye Laws before commencement of the second shift. That the schools appears to have 60 students in each batch. It would affect the over all development of the children. Keeping in mind the safety measures and the welfare of the children, the impugned order was passed.
3. On considering the impugned order, we are of the considered view that the same is in the interest of public as well as in the interest of students. The second shift will definitely harm the students and will not be in their interest. The teachers are also inadequate. Moreover, there is no permission obtained from the CBSE affiliation Committee for running a second shift. On an overall consideration of the material available, we have no hesitation to hold that the impugned order is in the interest of the public and in the interest of the students. For all the aforesaid reasons, the writ petition is dismissed.
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JUDGE JUDGE