IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.9663/2019 (EDN – RES) BETWEEN:
SRI SHIVA SHAIKSHANIKA SEVA ASHRAMA [R] KONDANAYAKANAHALLI VILLAGE MAIDALA POST, ADJACENT TO NH-4 [KYATSANDRA], TUMAKURU TALUK & DISTRICT REP. BY ITS PRESIDENT E.LEPAKSHAIAH. …PETITIONER [BY SRI VINAYA KEERTHY.M., ADV.] AND:
1. THE COMMISSOINER DEPARTMENT OF PUBLIC INSTRUCTION NRUPATHUNGA ROAD, BENGALOORU-560001.
2. DIRECTOR PRIMARY & SECONDARY EDUCATION OFFICE OF THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTION NRUPATHUNGA ROAD BENGALOORU-560001.
3. DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTION TUMAKURU-572101.
4. BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTION TUMAKURU-572101. …RESPONDENTS [BY SMT. PRAMODHINI KISHAN, AGA.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE PETITIONER’S REPRESENTATION DATED 20.02.2019 [ANNEXURE-N] AND ACCORD APPROVAL FOR COMMENCING CLASSES IX AND X FROM THE ACADEMIC YEARS 2018-19.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the parties.
2. The petitioner has sought for a writ of mandamus directing the respondents to consider the petitioner’s representation dated 20.02.2019 at Annexure-N and accord approval for commencing classes IX and X for the academic year 2018-19.
3. Learned Additional Government Advocate would point out that the academic year 2018-19 having come to an end, the writ petition does not survive for consideration and requires to be dismissed.
4. The learned counsel for the petitioner fairly submits that a fresh representation shall be filed by the petitioner – institution to get accord/approval for commencing the classes for IX and X standard from the academic year 2019-20.
On such application if filed by the petitioner, the same shall be considered by the respondent – authorities in accordance with law in an expedite manner.
The amount of Rs.1 Lakh deposited by the petitioner during the academic year 2018-19 is permitted to be withdrawn or to be adjusted towards the fees to be deposited along with the application to be filed by the petitioner seeking approval from the academic year 2019-20.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE NC.