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.16 OF 2019 (EDN-RES) & WRIT PETITION No.2363 OF 2019 BETWEEN 1. GMM HIGH SCHOOL, HARIHARA, HARIHARA TALUK, DAVANAGERE DISTRICT – 577 000. REPRESENTED BY PRESIDENT, SRI. RAJAPUTRAIAH S.B., S/O. SHANKARAIAH, AGED ABOUT 50 YEARS OF JOSTHNA EDUCATION SOCIETY (REGD.) 2. GMM HIGH SCHOOL, HOSUR VILLAGE SHIKARAPURA TALUK, SHIVAMOGA DISTRICT – 577 200.
REPRESENTED BY PRESIDENT, SRI. RAJAPUTRAIAH S.B., S/O. SHANKARAIAH, AGED ABOUT 50 YEARS OF JOSTHNA EDUCATION SOCIETY (REGD.) ... PETITIONERS (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, DAVANAGERE – 577 000, DAVANAGERE TALUK & DISTRICT.
4. THE BLOCK EDUCATION OFFICER, HARIHARA, HARIHARA TALUK, HARIHARA DISTRICT – 577 601.
5. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION DEPARTMENT (ADMINISTRATION), SHIVAMOGA – 577 200. SHIVAMOGA TALUK & DISTRICT.
6. THE BLOCK EDUCATION OFFICER, SHIKARIPURA, SHIKARIPURA TALUK, SHIVAMOGA DISTRICT – 577 200.
7. THE DIRECTOR, KARNATAKA SECONDARY EDUCATION EXAMINATION BOARD, MALLESHWARAM, BENGALURU-560 003. ... RESPONDENTS (BY SMT. PRAMODHINI KISHAN, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO CONSIDER THE APPEAL 49/2018 UNDER ANNEXURE-J FOR SHIFTING OF THE SCHOOL FROM HARIHARA TOWN, HARIHARA TALUK, DAVANAGERE DISTRICT TO HOSUR VILLAGE, SHIKARIPURA TALUK, DAVANAGERE DISTRICT BY CONSIDERING THE 3 MEN COMMITTEE REPORT DATED 16.05.2016 UNDER ANNEXURE-G RESPECTIVELY AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The short grievance of the petitioners is as to non consideration of its appeal No.49/2018, 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, these writ petitions succeed; a Writ of Mandamus issues to respondent No.1 to take up petitioners appeal No.49/2018, at Annexure-J for consideration after notice to the petitioner on priority basis. The period for compliance is eight weeks.
4. However, the petitioners’ Memos dated 29.08.2018, 31.10.2018 and 02.11.2018 at Annexures-K-1, K-2 & K-3 respectively for grant of interim relief shall be taken up for consideration within ten days.
Petitioners are 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/-