IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI W.P. No.39870/2018 (EDN – RES) BETWEEN:
Padmapriya Vidya Samsthe (R) (Jain Minority Institution) ASK Palya, Now renamed as Banashankari II Stage Tumkur – 572 102.
Represented by its Secretary Sri T P Rajanna s/o late Pandit Padmarajaiah Aged about 67 years. .. Petitioner (By Sri Somashkharaiah R P, Advocate) AND:
1. The State of Karnataka Represented by its Secretary Department of Education M S Building, Bangalore-560 001.
2. The Director of Public Instructions, Nrupathunga Road, Bangalore-560001.
3. The Dy. Director of Public Instructions, Tumkur District Tumkur – 572 102.
4. The Block Education Officer Office of the Department of Public Instructions, Tumkur Taluk, Tumkur-572102.
5. The Cluster Assistant Education Officer High School Extension Tumkur-572102.
6. Sri Sathyasai International School, 6th Cross (Aralishettykere Palya), now Banashankari Tumkur – 572 102. ..Respondents (By Sri E I Indiresh, AGA, for R1 to R5, R6 served, but unrepresented) This writ petition is filed under Articles 226 And 227 of Constitution of India praying to issue writ in the nature of certiorari and quash the endorsement dated 5.3.2018 in No.06complaint 235/2017-18 issued by the respondent No.4 and endorsement dated 10.8.2018 in No.ANU2.JANASPANDANA/2018-19/2196 issued by the respondent No.3 under Annexures-L and M respectively and etc.
This petition is coming on for preliminary hearing in `B’ Group, this day, the Court made the following:-
ORDER In the instant case, petitioner has challenged the endorsement dated 10.8.2018 issued by the Director of Public Instructions vide Annexure-M. Undisputedly, such a decision of the Director of Public Instructions is appealable under Section 130 of the Karnataka Education Act, 1983. Accordingly, writ petition is premature. Hence, it is dismissed reserving liberty to the petitioner to approach appropriate Authority within a period of four weeks from today.
The time spent by the petitioner before this Court shall be condoned by the Appellate Authority on an application for condonation of delay. Further, respondents are directed to decide the appeal of the petitioner within a reasonable period of six months from the date of receipt of copy of the memorandum of appeal/revision to be filed by the petitioner.
Sd/- JUDGE Bkm