IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.35709/2019 (EDN – GIA) BETWEEN:
SAI EDUCATION TRUST (R) HIGHER PRIMARY SCHOOL, ALURSIDDAPURA, SOMWARPET TALUK, KODAGU DISTRICT-571 235 REP BY ITS MANAGING TRUSTEE SRI H.K.SHIVAPRAKASH ... PETITIONER [BY SRI M.C.RAVI KUMAR, ADV.] AND:
1 . STATE OF KARNATAKA DEPARTMENT OF PUBLIC INSTRUCTION OFFICE OF THE COMMISSIONER FOR PUBLIC INSTRUCTION, NRUPATUNGA ROAD, BANGALORE-560 001.
2 . OFFICE OF THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, KODAGU ZILLA PANCHAYAT, NEAR TALUK OFFICE, MADIKERI, KODAGU DISTRICT-571 201 3 . THE BLOCK EDUCATION OFFICER SOMWARPET TALUK, KODAGU DISTRICT-571 236 …RESPONDENTS [BY SMT.PRAMODINI KISHAN, AGA.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED LETTER DATED 17.07.2019 AS PER ANNEXURE-A ISSUED BY THE R-2 AS THE SAME IS INCORRECT, ILLEGAL AND CONTRARY TO THE CONSTITUTION OF INDIA AND GRANT- IN-AID CODE AND WITHOUT ANY AUTHORITY OF LAW AND IN VIOLATION OF THE (REGULATIONS) OF THE KARNATAKA EDUCATION ACT, 1983.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has assailed the letter dated 17.07.2019 of respondent No.2 whereby the request of the petitioner seeking for permission to start classes for 9th and 10th standards in English Medium has been rejected on the ground that no area of 4000 Sq. Mtrs. is available with the petitioner - Education Trust to accord permission in terms of the prevailing rules.
2. Learned Additional Government Advocate appearing for respondents would point out that Rule 5 of the Karnataka Educational Institutions (Classification, Regulation and Prescription of Curricula, etc.,) (Amendment) Rules, 2018 has been amended in terms of the Gazette Notification dated 08.03.2018, whereby the sub-rule 4 has been inserted. The proviso to sub-rule 4 makes it clear that the requirement of land extent shall not be applicable to the existing educational institutions started with due registration upto academic year 2017-18 except the extent of land prescribed in the Right of Children to Free and Compulsory Education Act, 2009 (Act No.35 of 2009). This aspect not being examined by respondent No.2 while issuing the communication impugned, the matter requires reconsideration.
3. In view of the aforesaid, the order impugned at Annexure – A dated 17.07.2019 is quashed and the proceedings are restored to the file of respondent No.2 to re-consider the matter in the light of the amendment referred to above.
4. The petitioner is at liberty to produce any additional material in support of its claim. The same shall be considered by the respondent – authorities and a decision shall be taken in accordance with law after providing an opportunity of hearing to the petitioner. Compliance of this order shall be made in an expedite manner.
The writ petition stands disposed of in terms of the above.
SD/- JUDGE PMR