IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST 2017 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION No. 37471/2017 (EDN-RES) BETWEEN SRI MANJARI HANUMANTHAPPA COLLAGE OF EDUCATION, NO.298/1, DCN TOWNSHIP, P.B.ROAD, DAVANAGERE-577003, BY ITS SECRETARY Y.RAMAPPA S/O YELLAPPA, AGED 56 YEARS. ... PETITIONER (BY SRI. JAGADEESHACHARI, ADV.) AND 1. STATE OF KARNATAKA BY ITS SECRETARY, SOCIAL WELFARE DEPARTMENT, VIKASA SOUDHA, BANGALORE-560001.
2. THE COMMISSIONER SOCIAL WELFARE DEPARTMENT, M.S.BUILDING, BANGALORE-560001.
3. THE DIRECTOR GRADE-I TALUK SOCIAL WELFARE DEPARTMENT, DAVANAGERE TALUK-577003. ... RESPONDENTS (BY SRI. SATHYANARAYAN SINGH, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE ANNEX-E DTD. 7.6.2017 BY WAY OF WRIT OF MANDAMUS 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.
2. The learned counsel for the petitioner prays that the petition be allowed by directing the respondents to consider the representation made by the petitioner vide Annexure-“E” to the writ petition, dated 07.06.2017 and to further direct the respondents to pay the balance amount to the petitioner’s institution in respect of the students admitted by it and belonging to the scheduled caste and scheduled tribes category.
3. The learned Addl. Government Advocate would fairly submit that this Court has disposed of similar writ petitions by directing the respondents to consider the representations and if two months’ time is granted, the Government would consider and dispose of the representation vide Annexure-“E” to the writ petitions, dated 07.06.2017.
4. The learned Addl. Government Advocate also places on record copy of the order passed by this Court in W.P. Nos.10098-99/2017 [Edn-Res], dated 08.03.2017. It is seen that the petitioner is an educational institution imparting coaching in B.Ed., course and is recognized by the respondent/State. He further submits that respondent/State by its Order No.SakaE 283 PaKaVi 2014, Bengaluru, dated 23.02.2016 had directed payment of grant to un-aided institutions in respect of scheduled castes and scheduled tribes students enrolled by it.
5. It is submitted that vide Annexure-“A”, Notification No.ED 131 URC 2000, Bangalore, dated 22.07.2000, the 1st respondent has also fixed the fee structure chargeable by the Government institution/university, aided and private colleges for undergoing B.Ed., courses.
6. In the light of the above, ends of justice would be served if the respondents are directed to consider and dispose of the representation dated 07.06.2017 produced at Annexure-“E” to the writ petitions. The receipt of the representation is not denied by the learned Addl. Government Advocate. In that view of the matter, the onus was on the respondent/State to consider and dispose of the same in accordance with law more particularly, with reference to the Government Order dated 23.02.2016 and the Government Notification dated 22.07.2000.
7. The 2nd respondent is directed to expedite the consideration and disposal of the representation dated 07.06.2017 vide Annexure-“E” to the writ petitions in accordance with law. At any rate, the consideration and disposal of the representation shall be within an outer limit of two months from the date of receipt of the certified copy of this order.
The writ petitions are disposed of in the above terms.
Chs* Sd/- JUDGE