IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.41420 OF 2019 (EDN-RES) BETWEEN:
Kirupushpa Samaja Seva Sangha (R) K.N.S.High School Complex, P.B.Extension, Nagamangala, Nagamangala Taluk, Mandya District-571401. Represented by it’s Honorary President, Sri. H.U.Narayana Swamy ….Petitioner (By Mr. K.Govindaraj, Advocate) AND:
1. State of Karnataka Represented by it’s Secretary, Department of Education (Higher Secondary) M.S.Building, Bengaluru-560001.
2. Commissioner for Public Instructions, New Public Offices, Nrupatunga Road, Bengaluru-560001.
3. Deputy Director of Public Instructions, Mandya District, Mandya-571401 4. Block Education Officer Department of Public Instructions Nagamangala, Mandya District-571432. (By Ms. Pramodini Kishan, AGA) ….Respondents This Writ Petition is filed under Article 226 of the Constitution of India praying to direct the respondents to disburse the money to the petitioner, payable under the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and Rules framed thereunder, for the academic years 2017-18(16 children) and 2018-19 (14 children) with interest at 12% per annum.
This Writ Petition coming on for preliminary hearing this day, the court made the following:
ORDER Ms. Pramodini Kishan, learned AGA, accepts notice for respondents.
2. The petitioner-society is running a High School at Nagamangala Taluk, Mandya District. It is submitted that the petitioner school has admitted 16 children in the year 2017-18 and 14 children in the year 2018-19 as mandated under the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (‘Act’ for short). As per the provisions of the Act, the school is entitled for reimbursement towards the children admitted under the provisions of the Act. It is the grievance of the petitioner that despite several representations made seeking reimbursement towards the admission of children under the provisions of the Act, the same has not been acted upon.
3. In the facts and circumstances as aforesaid, this court deems it appropriate to direct respondents No. 2 and 3 to consider the representations submitted by the petitioner at Annexures-H, J and K dated 14.1.2019, 1.2.2019 and 31.5.2019 respectively and take a decision in accordance with law in an expedite manner, in any event not later than eight weeks from the date of receipt of a certified copy of this order, after providing an opportunity of hearing to the petitioner. It is ordered accordingly. Writ Petition is disposed of in above terms.
Sd/- JUDGE ckl