IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF JUNE, 2017 BEFORE THE HON' BLE MR. JUSTICE L. NARAYANA SWAMY WRIT PETITION No.5279 OF 2017 (EDN - RES) C/W WRIT PETITION NO.49081 OF 2016 IN W.P. No.5279/2017 BETWEEN:
RURAL EDUCATION TRUST (R) NANDAGUDI HOSAKOTE TALUK BANGALORE RURAL DISTRICT – 562 122 BY ITS PRESIDENT ... PETITIONER (BY SRI. PUTTIGE R RAMESH, ADV.) AND:
1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION VIKASA SOUDHA DR. B.R. AMBEDKAR ROAD BANGALORE – 560 001 2. THE COMMISSIONER FOR PUBLIC EDUCATION NEW PUBLIC OFFICES BUILDING NRUPATHUNGA ROAD BANGALORE – 560 001 3. DEPUTY DIRECTOR OF PUBLIC EDUCATION DEPARTMENT OF EDUCATION BANGALORE RURAL DISTRICT OPP: CAUVERY BHAVAN KEMPEGOWDA ROAD BANGALORE – 560 002 4. THE BLOCK EDUCATION OFFICER HOSAKOTE TALUK BANGALORE RURAL DISTRICT – 562 114 … RESPONDENTS (BY SRI. SATHYANARAYAN SINGH, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION DATED 06.12.2016 OF THE R-3 AT ANNEXURE – F AND ETC., IN W.P.No.49081/2016 BETWEEN:
RURAL EDUCATION TRUST (R) NANDAGUDI HOSAKOTE TALUK BANGALORE RURAL DISTRICT – 562 122 BY ITS PRESIDENT ... PETITIONER (BY SRI. PUTTIGE R RAMESH, ADV.) AND:
1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION VIKASA SOUDHA DR. B.R. AMBEDKAR ROAD BANGALORE – 560 001 2. THE COMMISSIONER FOR PUBLIC EDUCATION NEW PUBLIC OFFICES BUILDING NRUPATHUNGA ROAD BANGALORE – 560 001 3. DEPUTY DIRECTOR OF PUBLIC EDUCATION DEPARTMENT OF EDUCATION BANGALORE RURAL DISTRICT OPP: CAUVERY BHAVAN KEMPEGOWDA ROAD BANGALORE – 560 002 4. THE BLOCK EDUCATION OFFICER HOSAKOTE TALUK BANGALORE RURAL DISTRICT – 562 114 … RESPONDENTS (BY SRI. SATHYANARAYAN SINGH, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION DATED 29.05.2015 OF THE R-3 AT ANNEXURE – H AND ETC., THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING ORDER Petitioner is an Educational Trust. Permission has been accorded to the petitioner on 10.07.1985 for running School from Standards I to IV in Kannada Medium. Thereafter on 05.03.1990 petitioner was granted permission to run the school with Std. V from the academic year 1990-1991 based on natural growth and on 23.03.1992 the petitioner was granted permission to run school from Standards V, VI and VII.
2. In view of the said order, the petitioner is running School in Kannada Medium. In the meanwhile, the petitioner made an application for conversion of Kannada Medium School into English Medium, which has been rejected by endorsement dated 06.12.2016, since, there is no provision for conversion of medium of instructions in respect of High School Classes.
3. The learned counsel for the petitioner submitted that it is the duty on the part of the respondents to consider the prayer made in the application. The action of the respondents in not permitting the petitioner to convert the Kannada Medium into English Medium is not correct. Hence, it is prayed to consider the application for conversion of Kannada medium into English medium by the respondents.
4. The learned Govt. Pleader submits if the petitioner is permitted to make fresh application, the application will be considered by the respondents as the application submitted earlier by the petitioner has become infructuous.
5. I have heard the learned counsel for both the parties. It is made clear that the petitioner –trust is running a school from 1985 and by virtue of the Government orders, the petitioner has been permitted to run schools from 1st standard upto 7th standard. Under these circumstances, insisting the petitioner to make fresh application is arbitrary on the part of the respondents. Hence, the respondents are directed to consider the application made by the petitioner in WRIT PETITION No.5279 OF 2017 (EDN - RES) for conversion of school from Kannada medium to English medium without insisting for fresh application. The petition Writ Petition No.5279/2017 is allowed. The time for compliance is three months from today.
In light of the observations made above, the WRIT PETITION NO.49081 OF 2016 is allowed. The respondents are directed to consider the case of the petitioner for running school in 8th standard without insisting fresh application from the petitioner. The time for compliance is three months.
Sd/- JUDGE Sbs/nm