IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT W.P NO.21498 of 2017 (EDN-AD) BETWEEN Smt. Seetha Guruprasad W/o N. Guruprasad, Trustee, Athreya Educational Trust, Aged about 43 years, No.36, CHBS, 2nd Layout, Vijayanagar, Bengaluru – 560 023 Also residing at Sri. Venkateshwara Nilaya, 10th Cross, V.V. Nagar, Mandya.
(By Sri. M. Shivaprakash, Advocate) AND 1. The Principal Secretary Department of Education, State of Karnataka, 6th Floor, Gate No.2, M.S. Building, Bengaluru – 560 001.
2. The Commissioner for Public Instruction State of Karnataka, New Public Offices, Nrupathunga Road, Bengaluru – 560 001.
... Petitioner 3. Deputy Director of Public Instruction Mandya District, Mandya – 571 401.
4. Block Education Officer (South) Department of Education, Mandya – 571 401.
5. Director Dept. of Pre-University Education, 18th Cross, Malleshwaram, Bengaluru – 560 055.
6. Chairman Indian Council for Secondary Education (ICSE) Board, Pragati House, 3rd Floor, 47-48, Nehru Place, New Delhi – 110 019.
7. Additional Secretary and Officiating Chief Executive and Secretary, Indian Council for Secondary Education (ICSE) Board, Pragati House, 3rd Floor, 47-48, Nehru Place, New Delhi – 110 019.
8. Sri. K.S. Raghu Secretary, Athreya Educational Trust, S/o K.C. Shankaragowda, Aged about 52 years, R/at No.708, 10th Main, V.V. Nagar, Mandya Town, Mandya – 571 401.
9. Smt. Anuradha President, Athreya Educational Trust, W/o K.S. Raghu, Aged about 48 years, R/at No.708, 10th Main, V.V. Nagar, Mandya Town, Mandya – 571 401.
10. Sri. Vishwa Cariappa B.S. S/o B.K.S. Prasad, Aged about 33 years, No.609, 18th Main, 18th main Road, Ideal Homes Township, Rajarajeshwari Nagar, Bengaluru – 560 098.
11. Smt. M. Saraswathi W/o late S. Lokesh, Aged about 47 years, Sri. Nanajundeshwara Nilaya, A.P.M.C. Market Road, 17th Cross Road, Mandya – 571 401.
12. Smt. M. Vedavathi D/o late C. Mahadevaiah, Aged about 44 years, Sri. Nanajundeshwara Nilaya, A.P.M.C. Market Road, 17th Cross Road, Mandya – 571 401.
13. Smt. M. Leelavathi D/o late C. Mahadevaiah, Aged about 37 years, Sri. Nanajundeshwara Nilaya, A.P.M.C. Market Road, 17th Cross Road, Mandya – 571 401.
14. Sri. S. Sudarshan Aged aobut 62 years, S/o late Dr. B. Subba Rao.
No.70, “Anuragha”, Rajkumar Extension, Mandya – 571 401.
15. Sri. K.R. Paramesh Aged about 49 years, S/o K.C. Rame Gowda, Keelara Village, Keragodu Hobli, Mandya – 571 401.
16. Sri. M. Madaiah Aged about 78 years, S/o late Ningegowda, No.4820, J.P. Rice Mill Road, V.V. Nagar, Mandya – 571 401.
17. Sri. M.K. Shankaranarayana Bhat Aged about 79 years, S/o K.S. Mahalinga Bhat, No.4486, Prajyothsna, J.P. Rice Mill Road, Mandya – 571 401.
18. Sri. M. Manchaiah Aged about 64 years, S/o late Manchaiah, 6th Cross, K.R. Road, Subhash Nagar, Mandya – 571 401.
19. Smt. Anupama Aged about 44 years, W/o Dr. S. Murali, No.2034, Raghavendra Nilaya, 8th Cross, V.V. Nagar, Mandya – 571 401.
... Respondents (By Smt. Pramodhini Kishan, AGA for R1 to R5 Sri. P.B. Appaiah, Advocate for R6 & R7 Sri. Bharath Kumar .V, Advocate for R10 R8 & R9 served) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to call for the entire records from the office of Respondent Nos.1 to 5 in respect of Athreya Educational Institutions at Siddaiahna Koppalu, Mandya and to direct respondent Nos.1 to 7 to allow/permit petitioner trust Athreya Educational Institutions to admit the students for the academic year 2017-18, further, direction against respondent No.10 not to exhibit or permit to run parallel institution in the same premises where already the petitioner trust has established the institutions in the name and style Athreya Educational Institutions.
This Writ Petition coming on for Orders, this day, the Court made the following:-
O R D E R The petitioner inter alia has sought for a writ of mandamus directing respondent Nos.1 to 7 to permit the petitioner-Trust to admit the students for the academic year 2017-18; a further direction is also sought for to restrain the parallel institutions that are being run in the premises of petitioner-Trust.
2. Learned AGA submits that the matter has become infructuous by passage of time. This assertion is not denied.
3. In the above circumstance, the writ petition stands dismissed as having become infructuous. However, if the petitioner has any material to show that it has not so become infructuous, the writ petition I open for revival on filing of the memo.
Sd/- JUDGE MBM