IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.47995/2018 (EDN – REG – P) BETWEEN:
KIRUPUSHPA SAMAJA SEVA SANGHA (R) K.N.S. HIGH SCHOOL COMPLEX, P.B.EXTENSION, NAGAMANGALA, NAGAMANGALA TALUK, MANDYA DISTRICT-571432, REP. BY ITS HONARARY SECRETARY, SRI H.U.NARAYANASWAMY AGED ABOUT 60 YEARS. …PETITIONER (BY SRI K.GOVINDARAJ, ADV.) AND:
1. STATE OF KARNATAKA REP BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF PRIMARY EDUCATION, M.S.BUILDING, BANGALORE-560001 2. DIRECTOR (PRIMARY EDUCATION) OFFICE OF THE COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTIONS, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, BANGALORE-560001 3. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS MANDYA, MANDYA DISTRICT-571401.
4. THE BLOCK EDUCATION OFFICER NAGAMANGALA, NAGAMANGALA TALUK, MANDYA DISTRICT-571432 …RESPONDENTS (BY SMT.PRAMODHINI KISHAN, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO GIVE RECOGNITION TO CLASSES 1 TO 5 IN THE LITTLE FLOWER, PRIMARY SCHOOL, NAGAMANGALA, MANDYA DISTRICT, RUN BY THE PETITIONER/MANAGEMENT FOR THE ACADEMIC YEAR 2018-2019 AND CONTINUE TO RECOGNIZE THE CLASSES IN FUTURE ALSO.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for a direction to the respondents to give recognition to classes 1 to 5 in the Little Flower, Primary School, Nagamangala, Mandya District run by the petitioner/management for the academic year 2018-19 and continue to recognize the classes in future also inter alia seeking for a direction to the respondents to grant approval to the classes 6 and 7 in the said school.
2. Learned Additional Government Advocate on the instructions of the respondents, has fairly submitted that in view of the rival fraction functioning/claiming the rights of management, the official respondents would consider the request of the petitioner provided renewal certificate of the Society registered under the Societies Registration Act, 1960 is placed before the respondent-authorities. It is further submitted that no application has been filed for grant of approval to classes 6 and 7 by the petitioner, if the required online application is made, the same shall be considered in accordance with law.
3. In view of the aforesaid, the writ petition stands disposed of with liberty to the petitioner to submit the necessary documents/online application claimed by the official respondents for consideration of their prayer of recognition of classes 1 to 5/approval to classes 6 and 7 in the petitioner school. If such compliance is made by the petitioner, the same shall be considered by the official respondents in accordance with law in an expedite manner preferably within a period of four weeks from the date of compliance.
Writ petition stands disposed of in terms of the above.
Sd/- JUDGE NC.