IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.7489/2019 (EDN – RES) BETWEEN:
SMT.MADAMMA PUTTASWAMY GOGGAIAH SMARAKA VIDYA SAMSTHE (R) MAMBALLI VILLAGE, YELANDUR ALUK CHAMARAJANAGARA DISTRICT REP. BY ITS SECRETARY SRI HANUMANTHAPPA R.K., S/O RAMANNA AGED ABOUT 55 YEARS ... PETITIONER [BY SRI R.P.SOMASHEKHARAIAH, ADV.] AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPLE SECRETARY EDUCATION DEPARTMENT, PRIMARY & SECONDARY EDUCATION M.S.BUILDING, BANGALORE-560 001 2. THE COMMISSIONER FOR PUBLIC INSTRUCTION, NEW PUBLIC OFFICE, NRUPATUNGA ROAD BENGALURU-560 001 3. THE COMMISSIONER PUBLIC INSTRUCTION NEW PUBLIC OFFICE GULBARGA-585101 4. THE DIRECTOR KARNATAKA SECONDARY EDUCATION EXAMINATION BOARD MALLESHWARAM BENGALURU-560 003 …RESPONDENTS [BY SMT.PRAMODHINI KISHAN, AGA.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO CONSIDER THE REPRESENTATION DATED 07.05.2014 UNDER ANNX-E FOR SHIFTING OF THE SCHOOL FROM MAMBALLI, CHAMARAJANAGAR TO RODALLA BANDA CAMP VILLAGE, REMOTE RURAL VILLAGE, LINGASUGUR TALUK TO BY CONSIDERING THE REPORT SUBMITTED BY THE CONCERNED AUTHORITIES REPORT DATED 13.05.2016 UNDER ANNX-C, AND LETTER DATED 18.05.2016 UNDER ANNX-D, LETTER DATED 19.10.2016 UNDER ANNX-G AND 20.09.2018, UNDER ANNX-H AND ANNX-H1 DATED 26.09.2018.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner is aggrieved by the inaction of the respondents in not considering the representation dated 07.05.2014 submitted by it for shifting of the school from Mamballi, Chamarajanagar to Rodalla Banda Camp Village, Remote Rural Village, Lingasugur Taluk.
2. It is the contention of the petitioner that respondent No.1 granted permission to the petitioner - institution to start the school from 8th standard to 10th standard. The Education Officer, Chamarajanagar vide report dated 13.05.2016 has recommended for shifting of school from Mamballi, Chamarajangar to Rodalla Banda Camp Village, Remote Rural Village, Lingasugur Taluk. Again the Deputy Director of Public Instruction, Raichur has recommended the same in terms of the letter dated 20.09.2018. That being the position, the respondents are not considering the case of the petitioner – institution, inasmuch the permission for the students studying in the said institution to appear for the 10th standard examination during the academic year 2018-19 commencing in the month of March, 2019.
3. Learned Additional Government Advocate appearing for the respondents would submit that no material evidence is placed on record to establish the factum of the petitioner - institution being recognized in accordance with the provisions of the Karnataka Education Act, 1983 and the Rules framed thereunder.
4. However, considering the totality of the circumstances of the case, this Court is of the considered opinion that the ends of justice would be met in directing respondent No.1 to consider the representation dated 07.05.2014 filed by the petitioner - institution for shifting of the school in the light of the report submitted by the Education Officer, Chamarajangar as well as the Deputy Director of Public Instruction, Raichur referred to above. This exercise shall be done by respondent No.1 in accordance with law in an expedite manner.
With the aforesaid observations and directions, the writ petition stands disposed of.
Sd/- JUDGE PMR