IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.Nos.15617 – 15618/2019 c/w W.P.No.22055/2019 (EDN – RES) IN W.P.Nos.15617 – 15618/2019:
BETWEEN :
1. KENGERI EDUCATIONAL TRUST (REGD) KENGERI, BANGALORE-560 060 REP BY ITS PRESIDENT SRI K.N.PRAKASH 2. ARATHI CHARITABLE EDUCATIONAL TRUST NO.90/1, 555/A VIDYAPEETA ROAD KENGERI, BANGALORE-560 060 REP BY ITS HONARARY SECRETARY KUM. POORNASHREE B. ...PETITIONERS (BY SRI M.S.BHAGWAT, ADV.) AND :
1. STATE OF KARNATAKA DEPARTMENT OF EDUCATION REP BY ITS PRINCIPAL SECRETARY M.S. BUILDING, BANGALORE-560 001 2. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS BANGALORE SOUTH RANGE KALASIPALYA, BANGALORE-560 002 3. THE BLOCK EDUCATION OFFICER SOUTH RANGE-1 SHANKARAPURAM BANGALORE-560 004 4. THE SECRETARY ACE FOUNDATION NO.12, 11TH CROSS VIDYAPEETA RAOD, KENGERI BANGALORE-560 060 …RESPONDENTS (BY SMT.PRAMODHINI KISHAN, AGA FOR R-1 TO R-3; SRI M.P.SRIKANTH, ADV. FOR R-4.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 3 TO TAKE ACTION PURSUANT TO THE SHOW CAUSE NOTICE DATED 11.10.2018 [ANNEXURE-G] AND CLOSE DOWN THE SCHOOL RUN BY THE R-4 INSTITUTE FROM THE PREMISES AT NO.12, 11TH CROSS, VIDYAPEETA ROAD, KEMPEGOWDA LAYOUT, KENGERI, BANGALORE- 560 060.
IN W.P.No.22055/2019:
BETWEEN :
ACE FOUNDATION NO.12, 11TH CROSS VIDYA PEETA ROAD KEMPEGOWDA NAGARA KENGERI, BANGALORE-560060 REP BY ITS MANAGING TRUSTEE ...PETITIONER (BY SRI M.P.SRIKANTH, ADV.) AND :
1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT PRIMARY & SECONDARY EDUCATION, M.S. BUILDING, Dr. AMBEDKAR VEEDHI BANGALORE-560001 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS NEW PUBLIC OFFICES, NRUPATHUNGA ROAD BANGALORE-560001 3. DIRECTOR OF PUBLIC INSTRUCTIONS PRIMARY EDUCATION, NEW PUBLIC OFFICES NRUPATHUNGA ROAD BANGALORE-560001 4. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS SOUTH RANGE-1, SHANKARAPURAM SHANKAR MUTT ROAD BANGALORE-560004 5. THE BLOCK EDUCATION OFFICER SOUTH RANGE-1, SHANKARAPURAM SHANKAR MUTT ROAD BANGALORE-560004 …RESPONDENTS (BY SMT.PRAMODHINI KISHAN, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 02.05.2019 PASSED ON APPEAL NO.19/2017-18 VIDE ANNEXURE-AE BY THE R-3.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R W.P.Nos.15617-618/2019 are filed by the petitioners-Kengeri Educational Trust and another seeking for a direction to the respondent Nos.2 and 3 to take action pursuant to the show cause notice dated 11.10.2018 and close down the school run by the respondent No.4-Institution ACE Foundation from the premises at No.12, 11th Cross, Vidyapeeta Road, Kempegowda Layout, Kengeri, Bangalore.
2. Indisputably, the petitioners are running the educational institutions and are admitted to grant-in-aid by the State Government. Thus, the petitioners are the rival competitors as far as the respondent No.4-Educational Institution is concerned. The Hon'ble Apex Court in the case of The Nagar Rice and Flour Mills and others Vs.
N. Teekappa Gowda and Bros. and others reported in AIR 1971 SC 246 in the context of a competitor in the business seeking to prevent changing of location of another rice mill, has held that the competitor in business cannot seek to prevent the owner of the rice mill from exercising their right to carry on their business. No doubt, imparting education may not come within the ambit of business, but the competency amongst the institutions imparting education standing on the pedestal of rival competitors being apparent, the petitioners/competitors cannot seek for a direction to the respondents to initiate action against the competitor’s-Institution for breach of any Rules or Regulations or to initiate action pursuant to any show cause notice, as prayed for.
3. Writ petitions are misconceived and accordingly stands dismissed.
4. As regards W.P.No.22055/2019, the petitioner ACE Foundation is before this Court assailing the order of the respondent No.3 dated 02.05.2019 passed in Appeal No.19/2017-18 whereby the appeal filed by the petitioner has been dismissed on the ground that the petitioner has shifted the school-educational Institution without obtaining the prior approval of the Department in terms of the Karnataka Education Act, 1983 and the allied Rules.
5. It is the primary contention of the petitioner that the Block Education Officer after inspecting the premises, has positively recommended for post facto sanction inasmuch as shifting of the school, considering the safety of the students studying in the school. Surprisingly, the very same Education Officer has issued the show cause notice inasmuch as shifting of the school by the petitioner pending consideration of post facto approval. This was the main ground said to have been urged by the petitioner before the Appellate Authority in Appeal No.19/2017-18 as could be seen from the Memorandum of Appeal made available before this Court at Annexure-T to the writ petition. However, the said ground is not addressed by the Appellate Authority while disposing of the appeal. Noting the contentions of the parties, a cryptic order has been passed by the Appellate Authority without addressing the points urged by the petitioner.
6. In the circumstances, the order impugned at Annexure-AE is set aside and the proceedings are restored to the file of the respondent No.3 for re-consideration in accordance with law. All the rights and contentions of the parties are left open. The respondent No.3 shall take a decision after providing an opportunity of hearing to the parties and pass a speaking order in an expedite manner.
With the aforesaid observations and directions, the said writ petition stands disposed of.
Sd/- JUDGE Dvr: