IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.16254/2019 (EDN – RES) BETWEEN:
SREE VIDYASHREE VIDYA SAMSTHE BASAVANAHALLI, CHIKKAMAGALURU REP. BY ITS SECRETARY SRI H.T.CHANDRA SHEKAR, AGED ABOUT 50 YEARS …PETITIONER (BY SRI RAVI SHANKARA, ADV. FOR SRI M.SHIVAPRAKASH, ADV.) AND:
1. THE CHIEF SECRETARY THE STATE OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560001 2. THE SECRETARY DEPARTMENT OF EDUCATION, THE STATE OF KARNATAKA, M.S.BUILDING, BANGALORE-560001 3. THE DIRECTOR KARNATAKA HIGHER PRIMARY EDUCATION, EXAMINATION BOARD, MALLESHWARAM, BANGALORE-560003 4. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTION, NRUPATHUNGA ROAD, BANGALORE-560001 5. THE DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTION, NRUPATHUNGA ROAD, BANGALORE-560001 6. THE ASSISTANT DIRECTOR (ADMINISTRATION) DEPARTMENT OF PUBLIC INSTRUCTION, ZILLA PANCHAYATH, CHIKKMAGALUR-577101 7. THE DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTION, CHIKKAMAGALURU-577101 8. THE BLOCK EDUCATION OFFICER CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT-577101 …RESPONDENTS (BY SMT.PRAMODHINI KISHAN, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS FROM R-4 AND 5 IN RESPECT OF THE COMMUNICATION DATED 16.03.2019 AT ANNEXURE-M AND ISSUE WRIT OF MANDAMUS AGAINST THE R-6 TO 8 AUTHORITIES TO CONSIDER THE PETITIONER REPRESENTATION DATED 13.06.2018 AND 10.08.2018 AT ANNEXURE-J1 AND J2 RESPECTIVELY AND ANNEXURE-P DATED 13.03.2019.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate accepts notice for the respondents.
2. The petitioner has sought for a writ of mandamus directing the respondent Nos.6 to 8 to consider the representations of the petitioner dated 13.06.2018, 10.08.2018 and 13.03.2019 at Annexures-J1, J2 and P respectively.
3. The petitioner is claiming to be a registered society running the institution in the name and style “Sree Vidyashree Vidya Samsthe” at Basavanahalli, Chikkamagaluru Taluk and District. It is the contention of the petitioner that the premises in occupation of the petitioner at Basavanahalli is a tenanted premise obtained under lease agreement. The respondent authorities without conducting any spot inspection have issued notice calling upon the petitioner for explanation alleging that the place is not congenial for education.
On the receipt of the said notice, the petitioner to comply with the deficiencies pointed out in order to renovate the school building had made representation seeking for shifting of the school from Basavanahalli to Shanthinagara. It is the grievance of the petitioner that the said representation has not been responded to, by the respondent authorities.
4. Learned Additional Government Advocate for the respondents would submit that no documents have been submitted by the petitioner as per the check list provided for shifting of the school as requested. It is submitted that the representation shall be considered in accordance with law provided requisite documents are placed by the petitioner.
5. In view of the aforesaid, the petitioner is directed to furnish the requisite documents within a period of two weeks from today and on submission of the said documents, the respondent Nos.2 to 5, 7 and 8 shall consider the representation of the petitioner in accordance with law and a decision shall be taken in an expedite manner preferably within a period of eight weeks from the date of receipt of the documents to be submitted by the petitioner.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE NC.