IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT W. P. NO.50201 OF 2018 (EDN-RES) C/W.
W. P. NOS. 50198, 50200, 50202, 50194, 50199, 50193, 50197, 50195 & 50196 OF 2018 BETWEEN :
SHRI K. I. VIJOY, S/O. IYYUNNI MATHEWS KOLADY, AGED ABOUT 42 YEARS, B 708, GOPALAN GRANDEAUR HOODI, MAHADEVAPURA, BANGALORE – 560048.
... PETITIONER (IN W. P.NO.50201 OF 2018) (BY SRI ABHILASH R, ADVOCATE) SHRI GONDU RAGHU, S/O GONDU KRISHNARAO, AGED ABOUT 46 YEARS, A 601, TOWER 2 , ADARSH PALM RETREAT RMZ ECOWORLD, BELANDUR, VARTHUR, BENGALURU – 560103.
... PETITIONER (IN W. P.NO.50198 OF 2018) (BY SRI ABHILASH R, ADVOCATE) SHRI R RAVIKUMAR, S/O RAJU, AGED ABOUT 37 YEARS, 209, SWARNA SILICON CASTLE, BASAVANAGAR MAIN ROAD, BANGALORE – 560048.
... PETITIONER (IN W. P.NO.50200 OF 2018) (BY SRI ABHILASH R, ADVOCATE) SHRI AMAR M SHAH, S/O MANSUKHLAL SHAH, AGED ABOUT 38 YEARS, 23134, PRESTIGE SHANTINIKETAN, WHITEFIELD MAIN ROAD, BANGALORE - 560048.
... PETITIONER (IN W. P.NO.50202 OF 2018) (BY SRI ABHILASH R, ADVOCATE) SHRI K NANDAKUMAR, S/O KIRUBAKARAN, AGED ABOUT 38 YEARS, D903, GOPALAN GRANDEAUR, HOODI, MAHADEVAPURA, BANGALORE – 560048.
... PETITIONER (IN W. P.NO.50194 OF 2018) (BY SRI ABHILASH R, ADVOCATE) SHRI CHETAN MAHADEV, S/O MAHADEVA SWAMY M M, AGED ABOUT 38 YEARS, F-303 SLN PARADISE, PRAGATI LAYOUT, DODDANEKKUNDI BANGALORE – 560037.
... PETITIONER (IN W. P.NO.50199 OF 2018) (BY SRI ABHILASH R, ADVOCATE) SHRI SURAJIT CHAKRABORTY, S/O DIPENDRA NATH CHAKRABORTY, AGED ABOUT 41 YEARS, H 407, GOPALAN GRANDEAUR, HOODI, MAHADEVAPURA, BANGALORE – 560048.
... PETITIONER (IN W. P.NO.50193 OF 2018) (BY SRI ABHILASH R, ADVOCATE) SHRI BASKAR LOGANATHAN, S/O LOGANATHAN G, AGED ABOUT 39 YEARS, B-401, DURGA RAINBOW APARTMENTS, OUTER RING ROAD, MAHADEVAPURA, BANGALORE – 560048.
... PETITIONER (IN W. P.NO.50197 OF 2018) (BY SRI ABHILASH R, ADVOCATE) SHRI MANISH MALIK, S/O JASWANT SINGH, AGED ABOUT 36 YEARS, F-21, B1 BLOCK, MAHAVEER VARNA APARTMENT, KANNAMANGALA, BANGALORE - 560067.
... PETITIONER (IN W. P.NO.50195 OF 2018) (BY SRI ABHILASH R, ADVOCATE) SHRI AMIT KUMAR SAHA, S/O SANTOSH KUMAR SAHA, AGED ABOUT 42 YEARS, NO.148, PURVA PARKRIDGE, GOSHALA ROAD, GARUDACHARPALAYA, MAHADEVPURA, BANGALORE – 560048.
... PETITIONER (IN W. P.NO.50196 OF 2018) (BY SRI ABHILASH R, ADVOCATE) AND :
1. THE STATE OF KARNATAKA, DEPUTY COMMISSIONER AND CHAIRMAN, DISTRICT LEVEL EDUCATION REGULATORY AUTHORITY, DC OFFICE BUILDING, BANGALORE URBAN – 560009.
2. COMMISISONER OF PUBLIC INSTRUCTION, DC OFFICE BUILDING, BANGALORE URBAN – 560009.
3. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION, DC OFFICE BUILDING, BANGALORE URBAN – 560009.
4. PRINCIPAL SECRETARY, PRIMARY AND SECONDARY EDUCATION, ROOM NO 641, 6TH FLOOR, M S BUILDING, BANGALORE – 560001.
5. PRINCIPAL, GOPALAN INTERNATIONAL SCHOOL, SEETHARAMAPALAYA, BASAVANAGAR, HOODI BANGALORE – 560048.
... RESPONDENTS (COMMON) (BY SMT PRAMODINI KISHAN, AGA FOR R1 TO R4; NOTICE TO R5 IS DISPENSED WITH) W.P.NO.50201 OF 2018 IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS 1, 2 AND 3 TO INITIATE ADJUDICATION OF THE PETITIONER COMPLIANT AS MENTIONED IN ANNEXURE-B WITHIN 1 WEEK/7 DAYS TIME AND TO DISPOSE THE SAME MAXIMUM WITHIN 30 DAYS OF START OF ADJUDICATION PROCEDURES AND ETC.
W.P.NO.50198 OF 2018 IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1, 2 AND 3 TO INITIATE ADJUDICATION OF THE PETITIONER COMPLIANT WITHIN 1 WEEK/7 DAYS TIME AND TO DISPOSE THE SAME MAXIMUM WITHIN 30 DAYS OF START OF ADJUDICATION PROCEDURES AND ETC.
W.P.NO.50200 OF 2018 IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENT 1, 2 AND 3 TO INITIATE ADJUDICATION OF THE PETITIONER COMPLIANT AS MENTIONED IN ANNEXURE-B WITHIN 1 WEEK/7 DAYS TIME AND TO DISPOSE THE SAME MAXIMUM WITHIN 30 DAYS OF START OF ADJUDICATION PROCEDURES AND ETC.
W.P.NO.50202 OF 2018 IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT 1, 2 AND 3 TO INITIATE ADJUDICATION OF THE PETITIONER COMPLIANT DATED 05.05.2018 AS MENTIONED IN ANNX-B WITHIN 1 WEEK /7 DAYS TIME AND TO DISPOSE THE SAME MAXIMUM WITHIN 30 DAYS OF START OF ADJUDICATION PROCEDURES AND ETC.
W.P.NO.50194 OF 2018 IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1, 2 & 3 TO INITIATE ADJUDICATION OF THE PETITIONER COMPLIANT DATED 25.04.2018 AS MENTIONED IN ANNEXURE-B WITHIN 1 WEEK 7 DAYS TIME AND TO DISPOSE THE SAME MAXIMUM WITHIN 30 DAYS OF START OF ADJUDICATION PROCEDURES AND ETC.
W.P.NO.50199 OF 2018 IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT 1, 2 & E TO INITIATE ADJUDICATION OF THE PETITIONER COMPLIANT WITHIN 1 WEEK/7 DAYS TIME AND TO DISPOSE THE SAME MAXIMUM WITHIN 30 DAYS OF START OF ADJUDICATION PROCEDURES AND ETC.
W.P.NO.50193 OF 2018 IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENT 1, 2 AND 3 TO INITIATE ADJUDICATION OF THE PETITIONER COMPLIANT WITHIN 1 WEEK/7 DAYS TIME AND TO DISPOSE THE SAME MAXIMUM WITHIN 30 DAYS OF START OF ADJUDICATION PROCEDURES AND ETC.
W.P.NO.50197 OF 2018 IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1, 2 & 3 TO INITIATE ADJUDICATION OF THE PETITIONER COMPLAINT AS MENTIONED IN ANNEXURE-B WITHIN 1 WEEK 7 DAYS TIME AND TO DISPOSE THE SAME MAXIMUM WITHIN 30 DAYS OF START OF ADJUDICATION PROCEDURES AND ETC.
W.P.NO.50195 OF 2018 IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS 1, 2 AND 3 TO INITIATE ADJUDICATION OF THE PETITIONER COMPLAINT VIDE ANNEXURE-B WITHIN 1 WEEK/7 DAYS TIME AND TO DISPOSE THE SAME MAXIMUM WITHIN 30 DAYS OF START OF ADJUDICATION PROCEDURES AND ETC.
W.P.NO.50196 OF 2018 IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN NATURE OF MANDAMUS DIRECTING RESPONDENT 1, 2 AND 3 TO INITIATE ADJUDICATION OF THE PETITIONER COMPLIANT, AS MENTIONED IN ANNEXURE-B WITHIN 1 WEEK/7 DAYS TIME AND TO DISPOSE THE SAME MAXIMUM WITHIN 30 DAYS OF START OF ADJUDICATION PROCEDURES AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
COMMON ORDER In all these matters, the petitioners have made a prayer for issuance of Writ of Mandamus to Respondent Nos.1 to 3 to consider their complaint, a copy whereof is made as an Annexure. They have also sought for a direction to the said respondents to visit the respondent-School to verify as to the compliance in respect of prescription of fee structure, so that the truth as to the alleged profiteering can be ascertained.
2. The learned Addl. Government Advocate on request having accepted notice for Respondent Nos.1 to 4 fairly submits that the law provides for complaining against violation of prescribed fee structure by the educational institutions and therefore, there cannot be much objection to consider the complaint of the petitioners, if a reasonable period is prescribed by this Court for accomplishing the task, subject to petitioners too cooperating by producing necessary information and documents. This stand of the State is fair.
3. In the above circumstances, all these Writ Petitions are partly allowed; a Writ of Mandamus issues to the respondent-Commissioner of Public Instruction and respondent-Deputy Director of Public Instruction to place the complaint before the respondent-District Level Education Regulatory Authority, for processing the same with the participation of all the stake-holders in accordance with law, within a period of four weeks.
4. However, no coercive action would be taken till the decision in the pending W.P.Nos. 52993- 994/2018 (EDN-RES) is rendered.
It is open to Respondent Nos.1 to 3 to solicit any information or documents from the side of the petitioners or anyone concerned as are required for due consideration of the said complaints.
No costs.
Sd/- JUDGE cbc