IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.51751/2019 (EDN-RES) BETWEEN:
OM SRI. MARUTHI SEVA TRUST BORANA KANIVE CHIKKANAYAKANAHALLI TALUK TUMKUR DISTRICT REPRESENTED BY ITS MANAGING TRUSTEE SRI. O.S. NARENDRA MURTHY S/O LATE SIDDARAMAIAH AGED ABOUT 48 YEARS LAKKENAHALLI, HOYSALAKATTE POST C.N. HALLI TALUK TUMKUR DISTRICT.
... PETITIONER [BY SRI SRIKANTH M.P. ADV.] AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT PRIMARY AND SECONDARY EDUCATION M.S. BUILDING DR. AMBEDKAR VEEDHI BANGALORE – 560 001.
2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS PRIMARY & SECONDARY EDUCATION NEW PUBLIC OFFICES NRUPATHUNGA ROAD, K.R. CIRCLE BANGALORE – 560 001.
3. THE DIRECTOR OF PUBLIC INSTRUCTIONS PRIMARY EDUCATION NEW PUBLIC OFFICES NRUPATHUNGA ROAD, K.R. CIRCLE BANGALORE – 560 001.
4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS TUMKUR SOUTH B.M. ROAD TUMKUR – 572278 5. THE BLOCK EDUCATION OFFICER CHIKKANAYAKANAHALLI TUMKUR DISTRICT - 572278 …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 R5 TO CONSIDER THE REPRESENTATIONS DATED 20.10.2019 VIDE ANNEXURES – AJ, AJ1, AJ2, AJ3 AND AJ4, SUBMITTED TO R-1 TO 5 AND OPEN THE IT PORTAL FOR PREFERRING THE APPLICATIONS FOR REGISTERING THE PRIMARY SCHOOL IN ACCORDANCE WITH THE RULES 3 OF KARNATAKA EDUCATIONAL INSTITUTIONS (CLASSIFICATION AND REGISTRATION) RULES, 1997 AS AMENDED BY THE KARNATAKA EDUCATIONAL INSTITUTIONS (CLASSIFICATION AND REGISTRATION) (AMENDMENT) RULES, 2018.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate accepts notice for the respondents.
The petitioner has sought for a direction to the respondents to consider the representations dated 20.10.2019 vide Annexures – AJ, AJ1, AJ2, AJ3 and AJ4 submitted to open the I.T. Portal for registering the Primary School in accordance with Rule 3 of the Karnataka Educational Institutions (Classification and Registration) Rules, 1997 as amended by the Karnataka Educational Institutions (Classification and Registration) (Amendment) Rules, 2018.
2. The petitioner is claiming to be a Trust registered under the relevant provisions of the Indian Trust Act, 1882. It is submitted that with the object of providing education to the rural population and particularly considering the surrounding villagers and the need for providing quality and better education for persons who are really in need of it, the petitioner – Trust initially registered the Pre-primary classes as per the Registration Certification dated 13.05.2016 issued by respondent No.5. It is submitted that the Managing Trustee of the petitioner – Trust has provided a land for the purpose of running an Educational Institution. The petitioner has made a request for renewal of recognition of the Pre-primary classes along with Standards 1 and 2. It is the grievance of the petitioner that the said request has not been acted upon.
3. Learned Additional Government Advocate for the respondents would submit that the I.T. Portal is not yet opened and on instructions, it is submitted that the I.T. Portal will be opened shortly and on such opening of the I.T. Portal, the request of the petitioner would be considered in accordance with law.
4. In view of the aforesaid, the respondents are directed to consider the representations dated 20.10.2019 submitted by the petitioners at Annexures – AJ, AJ1, AJ2, AJ3 and AJ4 in accordance with law and a decision shall be taken in an expedite manner.
The writ petition stands disposed of accordingly.
Sd/- JUDGE PMR