IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION No.40513/2017 (EDN RES) BETWEEN SRI. KES KISHORE KENDRA PRIMARY SCHOOL KUDUMANGALORE SOMWARPET TALUK KODAGU DISTRICT-571232 REPD. BY ITS SECRETARY SMT. UMA. ... PETITIONER (BY SRI. SANGAMESH R B, ADVOCATE) AND 1. THE STATE OF KARNATAKA DEPT. OF EDUCATION BY ITS SECRETARY VIDHANA VEEDHI, M S BUILDING, BENGALURU-560001.
2. THE COMMISSIONER PUBLIC EDUCATION DEPARTMENT NRUPATHUNGA ROAD, BENGALURU-560001.
3. THE DIRECTOR PUBLIC EDUCATION DEPARTMENT NRUPATHUNGA ROAD, BENGALURU-560001.
4. THE DY. DIRECTOR PUBLIC EDUCATION DEPARTMENT KODAGU DISTRICT, KODAGU-571232.
5. BLOCK EDUCATION OFFICER KODAGU DISTRICT KODAGU-571232.
6. UNIQUE ACADEMY HIGHER PRY. SCHOOL BY ITS SECRETARY, KURHSNNAGAR, KODAGU DISTRICT, KODAGU-571232. ... RESPONDENTS (BY SRI. SATHYA NARAYANA SINGH, HCGP FOR R-1 TO R-5 NOTICE TO R6-DISPENSED WITH V/O DT:6/10/2017) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-2 HEREIN TO CONSIDER THE REPRESENTATION DTD:29.6.2017 & 28.7.2017 GIVEN BY THE PETITIONER, AS PER ANEXURE-D AND H TO THE WRIT PETITION ETC.
THIS WRIT PETITION COMING ON FOR ‘PRELIMINARY HEARING’ THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned Addl. Government Advocate. Notice to the sixth respondent is dispensed with in the light of the order to be passed in the instant writ petition.
2. It is the case of the petitioner that the sixth respondent established a school within the limits of Kushalnagar in the year 2010. That the petitioner in 2016 established a school in Kudumangaluru village, Somwarpet Taluk, Kodagu District. That in the year 2017 the sixth respondent has made a request for shifting of the school from Kushalnagar taluk limits to Kudulur. Upon coming to know about the same, the petitioner approached the authorities and submitted his objection expressing reservation against shifting of the school to the proposed location. That as there was no response to the objections submitted in June 2017, the petitioner submitted one more objection in July 2017 and despite his request for furnishing copy of the application made by the 6th respondent, the official respondents have remained mute spectators and hence, the apprehension by the petitioner that the authorities may act in a biased manner.
3. Per contra, the learned Addl. Govt. Advocate would submit that the authorities would act in a fair manner and would also take into consideration the objections placed by the petitioner vide Annexure-D and H to the writ petition before passing any orders on the application filed by the sixth respondent.
4. The submission of the learned Addl. Govt.
Advocate is placed on record. The writ petition is disposed off with a direction to the second respondent to take note of the objections preferred by the petitioner and afford an opportunity of hearing to the petitioner and the sixth respondent before passing any orders on the application of the sixth respondent for transfer of location of the school to the proposed site.
5. The consideration and disposal of the objection shall be within a period of six weeks from the date of receipt of the certified copy of this order.
The writ petition stands disposed off in the above terms.
CT-HR Chs* Sd/- JUDGE