IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION No.6898 OF 2019 (EDN-RES) BETWEEN ST. PHILOMINA HIGH SCHOOL, SHANKARANAGAR, BENGALURU, REPRESENTED BY ITS SECRETARY, SRI. RAJAPUTRAIAH S.B., S/O SHANKARAIAH, AGED ABOUT 50 YEARS. ... PETITIONER (BY SRI. SOMASHEKHARAIAH R.P., ADVOCATE) AND 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPLE SECRETARY, EDUCATION DEPARTMENT, PRIMARY & SECONDARY EDUCATION, M.S. BUILDING, BENGALURU - 560 001.
2. THE COMMISSIONER FOR PUBLIC INSTRUCTION, NEW PUBLIC OFFICE, NRUPATUNGA ROAD, BENGALURU - 560 001.
3. THE DY. DIRECTOR (ADM) PUBLIC INSTRUCTION, NORTH BENGALURU, BENGALURU NORTH DISTRICT - 560 009.
4. THE BLOCK EDUCATION OFFICER, BENGALURU NORTH DIVISION-1, RAJAJINAGAR, BENGALURU - 560 010.
5. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION DEPARTMENT (ADMINISTRATION), VIJAYAPURA, VIJAYAPURA DISTRICT - 586 101.
6. THE BLOCK EDUCATION OFFICER, SINDAGI, SINDAGI TALUK, VIJAYAPURA DISTRICT - 586 128.
7. THE DIRECTOR, KARNATAKA SECONDARY EDUCATION EXAMINATION BOARD, MALLESHWARAM, BENGALURU-560 003. ... 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 RESPONDENT NO.1 TO CONSIDER THE APPEAL 52/2018 UNDER ANNEXURE-N FOR SHIFTING OF THE SCHOOL FROM SHANKARANAGARA, MAHALAKSHMI LAYOUT, BENGALURU NORTH TALUK TO RURAL AREA I.E., JALAVADI VILLAGE, SINDAGI TALUK, VIJAYAPURA DISTRICT BY CONSIDERING THE REPORT SUBMITTED BY THE CONCERNED AUTHORITIES INCLUDING THE 3 MEN COMMITTEE REORT DATED 09.02.2017 UNDER ANNEXURE-H RESPECTIVELY AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The short grievance of the petitioner is as to non- consideration of its appeal No.52/2018, a copy whereof is at Annexure-J. Learned counsel for the petitioners submit that without intervention of this Court, the pendency would continue indefinitely and therefore, he has invoked the writ jurisdiction seeking innocuous prayer for a direction to respondent No.1 appellate authority to take up the appeal for consideration.
2. Smt. Pramodhini Kishan, learned AGA on request, having accepted notice for the respondents opposes the writ petitions stating that the appeal is of recent origin; there would be other pending appeals of relatively of more importance and therefore, petitioners should take a chance when their turn comes. However, she fairly submits that if reasonable time is given, there would be no much difficulty for consideration of petitioners appeal subject to the usual consistence. The prayer of the petitioners is innocuous and stand of the respondent is fair and reasonable.
3. In the above circumstances, this writ petition succeeds; a Writ of Mandamus issues to respondent No.1 to take up petitioner’s appeal No.52/2018, the memorandum whereof is at Annexure-N for consideration after notice to the petitioner on priority basis.
4. he period for compliance is eight weeks.
However, the petitioner’s memo dated 02.11.2018 at Annexure-M for grant of interim relief shall be taken up for consideration within ten days.
Petitioner is put to notice to appear before the Appellate Authority with a copy of this judgment and get a date fixed, accordingly.
Costs made easy.
Sd/- JUDGE DS/-