IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.51371/2019 (EDN – RES) BETWEEN:
1 . St. PHILOMINA EDUCATION SOCIETY SHANKARANAGAR/JALAWADAGI, BENGALURU-560092 REP BY ITS SECRETARY, SRI RAJAPUTRAIAH S.B., S/O SHANKARAIAH, AGED ABOUT 50 YEARS.
2 . St. PHILOMINA HIGH SCHOOL SHANKARANAGAR/JALAWADAGI BENGALURU - 560 092 REP. BY ITS SECRETARY, SRI. RAJAPUTRAIAH S.B. S/O SHANKARAIAH AGED ABOUT 50 YEARS. ... PETITIONERS [BY SRI R.P.SOMASHEKHARAIAH, ADV.] AND:
1 . THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, EDUCATION DEPARTMENT, PRIMARY AND SECONDARY EDUCATION, M.S.BUILDING, BANGALORE-560001.
2 . DIRECTOR KARNATAKA SECONDARY EDUCATION EXAMINATION BOARD, MALLESHWARAM, BENGALURU-560003. …RESPONDENTS [BY SMT.PRAMODHINI KISHAN, AGA.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO DISPOSE OF THE APPEAL 52/2018 UNDER ANNEXURE-N AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate accepts notice for the respondents.
The petitioners have sought for a direction to respondent No.1 to dispose of the Appeal No.52/2018 in accordance with law in an expeditious manner.
2. It is submitted that the petitioners were permitted to start a school with effect from academic year 1983-84 in Kannada Medium. It is submitted that the request of the petitioners for shifting of school from Shankaranagar, Mahalakshmi Layout, Bengaluru to Jalavadi village, Sindagi Taluk, Vijayapura District has not been considered by the respondents. Hence, this writ petition.
3. Learned Additional Government Advocate would submit that respondent No.1 has no legal impediment to consider the Appeal No.52/2018 filed by the petitioners in accordance with law within a time frame.
4. In view of the aforesaid, respondent No.1 is directed to consider the Appeal No.52/2018 at Annexure – N and take a decision in accordance with law in an expedite manner, in any event, not later than four weeks from the date of receipt of certified copy of the order.
The writ petition stands disposed of in terms of the above.
Sd/- JUDGE PMR