IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.24328 OF 2018 (EDN) BETWEEN:
SRI NIMISHAMBA DEVI EDUCATION SOCIETY SRI KRISHNA INTERNATIONAL PUBLIC SCHOOL 3RD & 4TH CROSS, LAKSHMANA NAGAR OPP. MOHAN THEATER HEGGANAHALLI CROSS BENGALURU– 560 091 REPRESENTED BY ITS ADMINSTRATOR SRI MOHAN KUMAR G. S/O. LATE GANGAIAH AGED ABOUT 41 YEARS ... PETITIONER (BY SRI M.P. SRIKANTH & SRI PARTHASARATHI M.S, ADVOCATES) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT PRIMARY AND SECONDARY EDUCATION M.S. BUILDING DR. B.R.AMBEDKAR VEEDHI BENGALURU – 560 001 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS PRIMARY AND SECONDARY EDUCATION NEW PUBLIC OFFICES NRUPATHUNGA ROAD, K.R.CIRCLE BENGALURU – 560 001 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS PRIMARY & SECONDARY EDUCATION NEW PUBLIC OFFICES NRUPATHUNGA ROAD, K.R. CIRCLE BENGALURU – 560 001 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS BANGALORE NORTH DISTRICT K.G. ROAD BENGALURU – 560 002 5. THE BLOCK EDUCATION OFFICER BANGALORE NORTH – I RAJAJINAGAR BENGALURU – 560 010 6. YASHAWANTH S. S/O. SHIVALINGAIAH AGED ABOUT 12 YEARS PROMOTED FROM 6TH TO 7TH STANDARD R/AT NO.116/1, 5TH MAIN, B-CROSS RAMAIAH BADAVANE BENGALURU – 560 058 SINCE MINOR, REPRESENTED BY HIS NATURAL GUARDIAN AND FATHR SRI SHVALINGAIAH 7. CHINMAY S.
S/O. SHIVALINGAIAH AGED ABOUT 9 YEARS PROMOTED FROM 3RD TO 4TH STANDARD R/AT NO.116/1, 5TH MAIN, B-CROSS RAMAIAH BADAVANE BENGALURU – 560 058 SINCE MINOR, REPRESENTED BY HIS NATURAL GUARDIAN AND FATHER SRI SHIVALINGAIAH 8. SANJANA M.K. D/O. KAVITHA K.
AGED ABOUT 11 YEARS PROMOTED FROM 4TH TO 5TH STANDARD R/AT 2ND CROSS, LAKSHMANA NAGAR HEGGANAHALLI CROSS BENGALURU – 560 091 SINCE MINOR, REPRESENTED BY HER NATURAL GUARDIAN AND MOTHER SMT KAVITHA K.
9. SINCHANA M.K. D/O. KAVITHA K.
AGED ABOUT 9 YEARS PROMOTED FROM 2ND TO 3RD STANDARD R/AT 2ND CROSS, LAKSHMANA NAGAR HEGGANAHALLI CROSS BENGALURU – 560 091 SINCE MINOR, REPRESENTED BY HER NATURAL GUARDIAN AND MOTHER SMT KAVITHA K.
10. HARSHA B.
S/O. BHASKAR S. AGED ABOUT 9 YEARS PROMOTED FROM 2ND TO 3RD STANDARD R/AT NO.12, 6TH CTROSS, LAKSHMANA NAGAR HEGGANAHALLI CROSS BENGALURU – 560 091 SINCE MINOR, REPRESENTED BY HIS NATURAL GUARDIAN AND FATHER SRI BHASKAR S.
11. DEEKSHIT U.S. S/O. GANGAMMA AGED ABOUT 9 YEARS PROMOTED FROM 1ST TO 2ND STANDARD R/AT NO.517/518, 5TH MAIN 5TH CROSS, LAKSHMANA NAGARA, HEGGANAHALLI CROSS BENGALURU – 560 091 SINCE MINOR, REPRESENTED BY HIS NATURAL GUARDIAN AND MOTHER SMT GANGAMMA 12. SANJAY A.
S/O. RADHA AGED ABOUT 9 YEARS PROMOTED FROM 3RD TO 4TH STANDARD R/AT 6TH CROSS, DHARANENDRA ROAD MUNESHWARANAGARA, BENGALURU – 91 SINCE MINOR, REPRESENTED BY HER NATURAL GUARDIAN AND MOTHER SMT RADHA 13. JAYASHREE A. D/O. RADHA AGED ABOUT 6 YEARS PROMOTED FROM UKG TO 1ST STANDARD R/AT 6TH CROSS, DHARANENDRA ROAD MUNESHWARANAGARA, BENGALURU – 91 SINCE MINOR, REPRESENTED BY HER NATURAL GUARDIAN AND MOTHER SMT RADHA 14. VINAY KUMAR P. S/O. PARASHURAM AGED ABOUT 12 YEARS PROMOTED FROM 5TH TO 6TH STANDARD R/AT NO.46, 1ST PHASE, 4TH MAIN SHIVANANDA NAGAR HEGGANAHALLI CROSS BENGALURU – 560 091 SINCE MINOR, REPRESENTED BY HIS NATURAL GUARDIAN AND FATHER SRI PARASHURAM 15. VARALAKSHMI D/O. PRAMILA S.
AGED ABOUT 9 YEARS PROMOTED FROM 3RD TO 4TH STANDARD R/AT NO.52/A, 7TH MAIN LAKSHMANA NAGAR, HEGGANAHALLI CROSS BENGALURU – 560 001 SINCE MINOR, REPRESENTED BY HER NATURAL GUARDIAN AND MOTHER SMT PRAMILA S.
16. SANJANA B.K. D/O. LAKSHMI PROMOTED FROM 4TH TO 5TH STANDARD R/AT 40 FEET ROAD, KTG COLLEGE ROAD SRIGANDADA NAGAR, HEGGANAHALLI CROSS BENGALURU – 560 091 SINCE MINOR, REPRESENTED BY HER NATURAL GUARDIAN AND MOTHER SMT LAKSHMI 17. NAVYA K.
D/O. ROOPA PROMOTED FROM 4TH TO 5TH STANDARD R/AT MADESHWARNAGAR MAIN ROAD HEROHALLI WARD, NEAR GANESHA TEMPLE BENGALURU – 91 SINCE MINOR, REPRESENTED BY HER NATURAL GUARDIAN AND MOTHER ROOPA ... RESPONDENTS (BY SRI V. SHIVAREDDY, HCGP FOR R1 TO R5; SRI SUMAN HEGDE, ADVOCATE FOR R6 TO R17 – ABSENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE MEMO/ORDER DATED 01.06.2018 VIDE ANNEXURE-‘L’ PASSED BY RESPONDENT NO.4 AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.M.P.Srikanth, learned counsel for the petitioner.
Sri.V.Shivareddy, learned High Court Govt. Pleader for Respondents 1 to 5. None for Respondents 6 to 17. On the last date of hearing also, none for Respondents 6 to 17. Therefore, the matter was adjourned.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks to quash the memo/order dated 01.06.2018 passed by the Respondent No.4.
4. Learned counsel for the petitioner submitted that the controversy involved in the instant petition is squarely covered by order passed in Writ Petition No.23510-23517/2017.
5. In view of aforesaid submissions and for the reasons assigned in the order dated 22.01.2018 passed in Writ Petition Nos.23510-23517/2017, the Writ Petition is disposed of on same terms and similar directions.
Sd/- JUDGE BNV