IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.21685/2019 (EDN – RES) BETWEEN :
OM SRI MARUTHI SEVA TRUST BORANA KANIVE CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT REP 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 M.P.SRIKANTH, 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 INSTURCTIONS 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-571604 5. THE BLOCK EDUCATION OFFICER CHIKKANAYAKANAHALLI TUMKUR DISTRICT-571604.
6. NGS EDUCATIONAL & CHARITABLE TRUST (R) BORANAKANIVE (HOYSALA KATTE) HULIYAR HOBLI, CHIKKANAYAKANAHALLI TALUK TUMKUR DISTRICT-571604 REP BY ITS MANAGING TRUSTEE …RESPONDENTS (BY SMT.PRAMODHINI KISHAN , AGA FOR R-1 TO R-5; R-6 SERVED UNREPRESENTED.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE REGISTRATION CERTIFICATE DATED 28.02.2018 ISSUED IN RESPECT OF VIDYASIRI NATIONAL PUBLIC PRE-PRIMARY SCHOOL, BORANAKANIVE, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT, RUN BY THE R-6 AS ISSUED BY THE R-5 VIDE ANNEXURE-AH.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has sought for the following reliefs:
a. Quash the Registration Certificate dated 28.02.2018 bearing No.03/2017-18 issued in respect of Vidyasiri National Public Pre- Primary School, Boranakanive, Chikkanayakanahalli Taluk, Tumkur District, run by the 6th respondent as issued by the 5th respondent vide Annexure-AH.
b. Quash the Registration Certificate dated 29.10.2018 bearing No.9146/2018-19 issued in respect of Vidyasiri National Public Pre-Primary School, Boranakanive, Chikkanayakanahalli Taluk, Tumkur District, run by the 6th respondent in so far as standards 1 to 5 is concerned as issued by the 4th respondent vide Annexure-AJ.
c. Direct the respondent Nos.1 to 5 to consider the representation dated 23.04.2019 submitted to the 1st respondent, representation dated 24.04.2019 submitted to the 2nd and 3rd respondents, representation dated 23.04.2019 submitted to the 4th respondent and representation dated 24.04.2019 submitted to the 5th respondent vide Annexures-AB, AC, AD, AE and AF and permit the petitioners to prefer an application by online in compliance with the order passed by this Hon’ble Court on 18.02.2019 passed in W.P.No.37213/2018 and W.P.Nos.54962-
967/2018 (EN-RES) vide Annexure-X.
2. The petitioner-Registered Trust had approached this court challenging Rule 2 of the Karnataka Educational Institutions (Classification, Regulation and Prescription of Curricula, etc.,) (Amendment) Rules, 2018 (‘Rules’ for short), whereby the requirement of making the applications online has been prescribed. In W.P.No.37213/2018 and connected matters this court considering the challenge to the said Rules made by the petitioner-Trust, upholding the Rule, permitted the petitioner to make online application for permission/ registration for the school in question and if the same is made in the prescribed form along with prescribed fee, the respondent Nos.2 and 3 were directed to consider the same after giving an opportunity of hearing, in accordance with law. It transpires that pursuant to the order of this Court, the petitioner had filed a representation dated 7.3.2019 which came to be rejected on the ground that no online application has been filed with the applicable fees.
3. It is the grievance of the petitioner that the respondent No.6 has been treated with favouritism inasmuch as granting recognition relaxing the conditions of the calendar of events prescribed in the Circular dated 29.1.2019, but the petitioner has been discriminated in rejecting the request for opening the portal.
4. Learned counsel Sri. Srikanth M.P. appearing for the petitioner inviting the attention of this Court to Sub-rule (1) of Rule 3 of the Rules submitted that the application for registering an Educational Institution shall be filed online on the IT portal of the Department on or before 30th November of the year preceding the academic year in which the Institution is to be started in Form-1 with details and in the manner prescribed with supporting documents. However, the Circular dated 29.01.2019 fixing the time schedule only for a specific period is contrary to the said Rules. On the date of the receipt of the certified copy of the order passed in W.P.No.37213/2018 and connected matters, the time prescribed for filing the online application had come to an end and the respondents ought to have considered the request of the petitioner to open the portal to comply with the order of this Court.
5. Learned AGA appearing for the State submitted that the time prescribed for filing the application online was extended till 25.3.2019 in terms of the Circular dated 13.3.2019. Therefore, the petitioner had the opportunity to file the online application with the prescribed fees, but the same having not been done, now cannot challenge the action of the official respondents in rejecting the request of the petitioner.
6. It was further submitted that no writ petition is maintainable against the rival competitors.
7. I have carefully considered the rival submissions of the learned counsel appearing for the parties and perused the material on record.
8. The grievance of the petitioner inasmuch as filing the online application in terms of the Rules has been duly considered by this Court in W.P.No.37213/18 and connected matters and has been upheld by this Court. The petitioner having not availed the opportunity provided by this Court in filing the online application, is challenging the action of the official respondents in granting recognition to the respondent No.6-School.
9. It is well settled law that no writ petition is maintainable against the rival competitors as laid down by 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.
10. The other arguments advanced by the learned counsel in as much as listing the Pre-primary school under the unauthorized school list is not supported by substantial documents. Annexure AG – paper publication furnished by the petitioner indeed depicts that the petitioner school comes under the authorised schools list of Pre-primary schools. The apprehension of the petitioner regarding the Pre-primary school as unauthorized declaration is only misconceived.
Hence, the writ petition is bereft of merits and accordingly stands dismissed.
Sd/- JUDGE Dvr: