IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE:
THE HON’BLE MR. JUSTICE P.B.BAJANTHRI WRIT PETITION No.16144/2016 (EDN – REG – P) BETWEEN:
SRI MOHAMMAD SHAFIQ K.P. S/O MR K.P.A.SIDDIQUE AGED ABOUT 26 YEARS R/AT NO.34, NEKKILLADI, UPPINANGADI-574 325 MANAGING DIRECTOR ARAFA VIDYA KENDRA UPPINANGADI, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT-574 201 (BY SRI S.VISHWAJITH SHETTY, ADV.) AND:
…PETITIONER 1. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY TO PRIMARY AND HIGHER EDUCATION, DEPARTMENT OF EDUCATION, M.S.BUILDING, BENGALURU-560 001 2. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BANGALORE-560 001 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS D.K DISTRICT, ZILLA PANCHAYATH MANGALORE-575003 4. THE BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTIONS, PUTTUR TALUK, D.K DISTRICT-574 201 5. INDIAN SCHOOL MANAGEMENT COMMITTEE (R) UPPINANGADI, SY.NO.3, UPPINANGADI VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT-574 201, REP BY ITS SECRETARY …RESPONDENTS (BY SMT.PRAMODHINI KISHAN, AGA FOR R-1 TO R-4;
SRI A.KESHAVA BHAT, ADV. FOR R-5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO QUASH THE ORDER ANNEXURE –A DATED 02.07.2015 MADE IN REVISION PETITION NO.116/2014 BY THE R-1, THE COMMUNICATION ANNX-B DT.18.2.2014 MADE IN NO.D4/78901/INDIAN SCHOOL, UPPINANGADI, DOORU/03/ 2013-14 ISSUED BY THE R-3 AND ALSO CERTIFICATE OF REGISTRATION ANNX-C DT.23.5.2011 ISSUED BY THE R-2 ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R In the instant petition, petitioner has sought following reliefs;
a) Call for the records from the respondent No.1 to 3 which ultimately resulted in issuing order Annexure-A dated 02/07/2015 made in Revision Petition No.116/2014 bythe first respondent, the communication Annexure-B dated 18/02/2014 made in No.D4/78901/Indian School, Upinangadi, Dooru/03/2013-14 issued by the 3rd respondent and also certificate of Registration Annexure-C in No.C7(6) Pra.Shi.A.Nondani:-4/2011-12 dated 23/05/2011 issued by the 2nd respondent.
b) Issue writ of certiorari or any other appropriate writ or direction quashing the order Annexure A dated 02/07/2015 made in Revision Petition No.116/2014 by the first respondent, the communication Annexure- B dated 18/02/2014 made in No.D4/78901/Indian School, Uppinangadi, Dooru/03/2013-14 issued by the 3rd respondent and also certificate of Registration Annexure-C in No.C7 (6)Pra.Shi.A.Nondani:-4/2011-12 dated 23/05/2011 issued by the 2nd respondent.
c) Issue such other relief/s as it deems fit to grant in favour of the petitioner by this Hon’ble Court in view of the facts and circumstances of the cases, in the interest of justice.
2. I have heard learned counsel for the parties.
3. The petitioner and respondent No.5 are running schools. The grievance of the petitioner is that respondent No.5 did not fulfill the criteria mentioned in Annexure-C (para -4 and 5). The State Government has taken into consideration various facts, granted permission to run the school. If there is any short coming in respect of granting relief to respondent No.5 by the Government, petitioner has no locus to question the same, as the petitioner’s right is not affected in any manner.
4. Accordingly, writ petition stands dismissed.
Sd/- JUDGE MSU