IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.44504 OF 2016 (GM-RES) BETWEEN:
RAJESH KRISHNAPRASAD.B.S S/O B.SUBRAMANYA SHARMA, AGED ABOUT 42 YEARS, “SAHAJA” SRIRAM NAGARA SALAMARA EXTENSION, PUTTUR TJOWN, PUTTUR TALUK, D.K.DISTRICT-574 201. … PETITIONER (BY SRI RAMACHANDRA G. BHAT, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PRIMARY EDUCATION, VJIDHANA SOUDHA, BENGALURU-560 001.
2. THE COMMISSIONER (PRIMARY EDUCATION) DEPARTMENT OF PUBLIC INSTRUCTION, NEW PUBLIC OFFICERS BUILDING, NRUPATHUNGA ROAD, BENGALURU-560 001.
3. THE DEPUTY DIRECTOR DEPARTMENT OF PHYSICAL EDUCATION, OFFICE OF THE COMMISSIONER, PUBLIC INSTRUCTION, NRUPATHUNGA ROAD, BENGALURU-560 001.
4. THE DEPUTY DIRECTOR PUBLIC INSTRUCTION, ZILLA PARISHATH OFFICE COMPOUND, MANGALURU, D.K.DISTRICT-574 005.
5. THE BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTION, PUTTUR TALUK, D.K.DISTRICT-574 201. … RESPONDENTS (BY SRI Y.D.HARSHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-5 TO RE- CONDUCT THE TALUK LEVEL CHESS KARATE EVENTS IN THE ‘SPORTS FUND AND DEJPARTMENTAL SPORTS FOR PRIMARY SCHOOL STUDENTS 2016-17 OF D.K.DISTRICT CONDUCTED BY THE BLOCK EDUCATION OFFICER, PUTTUR, D.K.DISTRICT (R-5) HELD ON 11.08.2016 AND 13.08.2016 BY INCLUDING THE DAUGHTER OF THE PETITIONER BY NAME SAMHITHA SHARMA.B.S THE STUDENT OF VIVEKANANDA KANNADA MEDIUM SCHOOL, ON THE LINE OF THE CIRCULAR DTD.19.07.2016 VIDE ANNEX-B AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Ramachandra G.Bhat, learned counsel for the petitioner.
Sri Y.D.Harsha, learned Additional Government Advocate for respondents.
The petition is admitted for hearing. With the consent of the parties, it is heard finally.
2. In this petition, the grievance of the petitioner is that the State Government issued a circular to conduct sports including the students from fifth to seventh standard and eighth to tenth from primary and high school level.
3. It is the case of the petitioner that the daughter of the petitioner had participated in Chess competition and has secured second place. She was about to compete in the Karate event which was above to start from the taluk level. However, respondent No.5 by a communication, instructed the organizers that the students of fifth standard of Dakshina Kannada District will be excluded from all the event and thereafter, none of the students are allowed to participate in the events.
4. Learned counsel for the petitioner submits that at this point, relief be granted and the writ petition be disposed of with a direction to the respondents to lay down specific procedure for exclusion and inclusion of students in the various levels of events.
5. Learned Additional Government Advocate submits that suitable action will be taken.
6. In view of the submission made and in the facts of the case, writ petition is disposed of with a direction to the respondent Nos.1 to 3 to follow procedure for inclusion and exclusion of the students at various levels of the events, expeditiously preferably within a period of three months from today.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE nvj