IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2017 BEFORE THE HON’BLE MRS. JUSTICE S. SUJATHA WRIT PETITION NOS. 21375-21380/2017 (EDN-RES) BETWEEN:
1. REV. SUDHARSHAN BABU, AGED 49 YEARS, S/O (LATE) ABRAHAM, RESIDING AT VINAYAK NAGARA, HOUSE NO.25, 2ND MAIN, J.K. PURA, BANGALORE - 560030.
2. VENKATESH BABU C, AGED 48 YEARS, S/O CHANDRA CHAR A, RESIDING AT NO.22, 4TH CROSS, 5TH MAIN, S R NAGAR, BANGALORE - 560027.
3. SUNIL, AGED 45 YEARS, S/O SUMANTH, RESIDING AT NO.20, 1ST FLOOR, P STREET, NANJAPPA CIRCLE, BBMP OFFICE, SHANTHINAGAR, BANGALORE - 560027.
4. SURENDRA, AGED 39 YEARS, S/O SHEROMANI, RESIDING AT 6/3, 1ST FLOOR, 9TH K MAIN, HOSAHALLI, VIJAYANAGAR, BANGALORE - 560040.
5. RAVI KUMAR, AGED 39 YEARS, S/O DAVID, RESIDING AT 81, 8TH CROSS, WILSON GARDEN, BANGALORE 560027.
6. SILAS JOELSON, AGED 41 YEARS, S/o S. JOSEPH, RESIDING AT 1/1, “B” STREET, LANGFORD ROAD CROSS, NANJAPPA CIRCLE, SHANTHINAGAR, BANGALORE 560027.
…PETITIONERS (BY C.M. NANDA KUMAR, ADVOCATE) AND:
1. STATE OF KARNATAKA, DEPARTMENT OF PUBLIC INSTRUCTION, (ALSO KNOWN AS THE DEPARTMENT OF SCHOOL EDUCATION), (6TH FLOOR, M. S. BUILDING, BANGALORE 560001) NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, BANGALORE - 560001.
REPRESENTED BY THE PRINCIPAL SECRETRAY, HIGHER EDUCATION.
2. BALDWIN GIRSL HIGH SCHOOL, NO.90, RICHMOND ROAD, BANGALORE - 560025.
3. BALDWIN BOYS HIGH SCHOOL, NO.14, HOSUR ROAD, RICHMOND TOWN, BANGALORE 560025.
4. BALDWIN METHODIST EDUCATIONAL SOCIETY, BALDWIN METHODIST EDUCATIONAL CENTRE, NO.13, CONVENT ROAD, RICHMOND TOWN, BANGALORE – 560025.
5. M/S. PRIME BOOKS, SITUATED AT NO.16 AND 17, ‘C’ CROSS, 43RD MAIN, IDEAL HOMES TOWNSHIP 2ND STAGE, RAJARAJESHWARI NAGAR, BANGALORE – 560 098.
ALSO AT NO.263, 3RD FLOOR, BEML LAYOUT, 3RD STAGE, RAJARAJESHWARI NAGAR, BANGALORE – 560 098.
REPRESENTED BY MR. SHARWAN KUMAR KHUSHDIL …RESPONDENTS (BY SRI. R.B. SATHYANARAYANA SINGH, AGA FOR R1, SRI. PRAMOD NAIR, ADVOCATE FOR R2 TO R4, SRI. ANANT MANDGI SENIOR COUNSEL FOR SRI. DR. M. SUNIL SHASTRY, ADVOCATE FOR R5 ) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 TO ENSURE STRICT IMPLEMENTATION OF RULE 11 OF THE KARNATAKA EDUCATIONAL INSTITUTIONS (CLASSIFICATION, REGULATION AND PRESCRITPION OF CURRICULA ETC.,) RULES 1995 IN THE STATE OF KARNATAKA & ETC., THESE WRIT PETITIONS COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the respective parties.
2. The learned senior counsel Sri. Anant Mandgi, appearing for the impleading applicant/respondent No.5 has filed a memo enclosing a copy of the public notice issued by the respondent Nos.2, 3 and 4, dated 23.05.2017 which reads thus:
“Dear Parents, This Public Notice is being made to clear the ambiguity persisting about the procurement of curriculum Books and Uniform for the academic session 2017-2018 at Baldwin Girls High School, Baldwin Boys High School and Baldwin Co-Education Extension High School, Bangalore.
The Government of Karnataka, has vide statutory notices and regulations, prohibited educational institutions from insisting that books, uniforms etc., be procured only from the school, or particular stores or vendors nominated by schools, situated within the premises of the school. This position has also been brought to the attention of the school authorities by parents of students and also by means of a writ petitioner filed before the Hon’ble High Court of Karnataka by the parents.
In these circumstances, and in accordance to the legal position as applicable to the schools, it is made clear that parents and students are free to purchase curriculum books, uniform etc., from any stores or vendor of their choice. The official list of books to be purchased for the academic year 2017-18 for all the classes have already been displayed on the premises of the respective Schools.
The Management of the educational Institutions clarifies that it cannot, and does not, prohibit any parent from the purchase of the books from any vendor.
For Baldwin Methodist Educational Society.
Secretary.”
3. In view of the said public notice dated 23.05.2017, these writ petitions do not survive for consideration.
Accordingly, these writ petitions stand dismissed as having become infructuous.
Akv Sd/- JUDGE