IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.29573/2019 (EDN – RES) BETWEEN :
SWAMY VIVEKANANDA PUBLIC SCHOOL, RAMAIAH EDUCATIONAL ACADEMY ®, RANGAPURA GATE, ARALIHALLI POST, NEAR SHIVANEKATTE, HOSADURGA TALUK, CHITRADURGA DISTRICT-577515 REP. BY ITS PRESIDENT ...PETITIONER (BY SRI SARAVANA S., ADV.) AND :
1. STATE OF KARNATAKA PRINCIPAL SECRETARY TO GOVERNMENT, PRIMARY & SECONDARY EDUCATION, M.S.BUILDING, Dr. AMBEDKAR VEEDHI, BANGALORE-560001 2. COMMISSIONER OF PUBLIC INSTRUCTIONS PRIMARY AND SECONDARY EDUCATION NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K.R.CIRCLE, BANGALORE-560001 3. DEPUTY DIRECTOR PUBLIC INSTRUCTION KARNATAKA PUBLIC EDUCATION DEPARTMENT, CHITRADURGA DISTRICT-577515 4. BLOCK EDUCATION OFFICER PUBLIC EDUCATION DEPARTMENT, HOSADURGA, CHITRADURGA DISTRICT-577515 …RESPONDENTS (BY SMT.PRAMODINI KISHAN, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO CONSIDER THE REPRESENTATION OF THE PETITIONER SEEKING PERMISSION TO CONDUCT PRIMARY AND HIGHER PRIMARY CLASSES FOR ACADEMIC YEAR 2019-2020 IN PURSUANCE OF DIRECTION ISSUED BY THE R-2 DATED 09.07.2019 VIDE ANNEXURE-E WITHIN THE TIME TO BE PRESCRIBED AT ANY RATE NOT LATER THAN ONE WEEK AND TO PASS ORDERS.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has sought for a direction to the respondent No.3 to consider the representation of the petitioner seeking permission to conduct Primary and Higher Primary classes for the academic year 2019-2020 in pursuance of direction issued by the 2nd respondent dated 09.07.2019 inter alia challenging the order dated 08.07.2019 issued by the respondent No.4 vide Annexure- F to the writ petition.
2. The petitioner-Institution was granted approval to run Primary and Higher Primary school in English Medium from 1st standard to 8th standard by the Public Education Department on 9.8.2018. Since the permission was granted in the midst of the academic year 2018-19 and three months time has elapsed for admission to 1st to 8th standard, the respondent No.4 proceeded to cancel the recognition granted to the petitioner-Institution.
3. Learned Additional Government Advocate on instructions of Sri D. Narasimhappa, Education Officer, who is present before the Court submits that a requisition has been made by the respondent No.3 to the Director, Karnataka Public Education Department to grant approval to the petitioner-Institution and permission is sought to withdraw/cancel the order dated 12.07.2019 in order to provide an opportunity to the petitioner to admit the students for the academic year 2019-20 and the same is awaited.
4. Having regard to the facts and circumstances of the case, it is evinced that the respondent-Authorities having granted the permission/recognition for the petitioner-Institution to commence the classes from 1st to 8th standard in the midst of the academic year, ought not to have proceeded to cancel such permission or recognition for the reason that no students were admitted to the petitioner-Institution within three months from the date of the permission/recognition. It is obvious that no students would prefer to get admission to a newly started school in the midst of the academic session. Principles of natural justice demands reasonable opportunity to be provided to the petitioner to comply with the conditions prescribed for recognition/permission. A pragmatic approach has to be taken in the circumstances of the case.
5. However, in view of the decision now taken by the Education Officer, recommending for continuing the permission/recognition to the petitioner-Institution, the Director of Public Instructions, Karnataka Public Education Department has to take a final decision in the matter.
For the reasons aforesaid, Annexure-F issued by the respondent No.4 is quashed. The respondent No.3 and the Director of Public Instructions shall consider the representation of the petitioner for permission to conduct the Primary and Higher Primary classes for the academic year 2019-20 and a decision shall be taken in an expedite manner, in any event, not later than four weeks from the date of receipt of certified copy of the order.
Writ petition stands disposed of in terms of above.
Sd/- JUDGE Dvr: