IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.28549/2018 (EDN – RES) BETWEEN :
1 . VIDYA VARDHAKA SANGHA ‘SAPTHARSHIDHAMA’ VIDYA VARDHAKA SANGHA ROAD, 1ST BLOCK, RAJAJINAGAR BANGALORE-560 010 REP BY ITS Jt. SECRETARY SRI S.HARI PRASAD S/O SRI SITARAMAIAH AGED 51 YEARS 2 . SMT.GITA VENKATESH W/O SRI S.VENKATESH AGED ABOUT 64 YEARS, THE PRINCIPAL VIDYA VARDHAKA SANGHA VIDYA VARDHAKA SANGHA ROAD, 1ST BLOCK, RAJAJINAGAR BANGALORE-560 010 ...PETITIONERS (BY SRI G.R.MOHAN, ADV.) AND :
1 . STATE OF KARNATAKA PRIMARY AND HIGHER SECONDARY EDUCATION DEPARTMENT M.S.BUILDING, BANGALORE-560 001 REP BY ITS SECRETARY 2 . THE CHAIRPERSON KARNATAKA STATE PROTECTION OF CHILD RIGHTS COMMISSION 4TH FLOOR, KRISHI BHAVAN NRUPATHUNGA ROAD, BANGALORE-560 001 3 . THE BLOCK EDUCATION OFFICER BANGALORE NORTH-1, RAJAJINAGAR BANGALORE-560 010 …RESPONDENTS (BY SMT.PRAMODHINI KISHAN, AGA FOR R-1 & R-3; SMT.B.V.VIDYULATHA, ADV. FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 12.06.2018 VIDE ANNEXURE-A ISSUED BY R-2 AND REMINDER DATED 27.06.2018 AT ANNEXURE-B ISSUED BY R-3 BEO TO PROVIDE 3 COMPUTERS EACH TO GOVERNMENT HIGH SCHOOL, KETHAMARANAHALLI AND GOVERNMENT HIGH SCHOOL 1ST AND 2ND BLOCK, RAJAJINAGAR.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners have assailed the order dated 12/06/2018 issued by respondent No.2 and reminder dated 27/06/2018 issued by respondent No.3, wherein the Block Education Officer has directed the petitioners to provide three computers each to the Government High School, Kethamaranahalli and Government High School, 1st and 2nd Block, Rajajinagar.
2. The learned counsel for the petitioners has filed a memo that pursuant to the orders impugned passed by respondent No.2, the petitioners have admitted the students under the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (‘Act’ for short) relating to the academic year 2018-19. The details of the admitted students are made available along with the memo.
3. Learned Addl. Government Advocate concurs with the submission made by the learned counsel for the petitioners and has filed a memo along with the details of the R.T.E. students admitted through the petitioners’ – institution during the academic year 2018-19.
4. In view of the aforesaid, the basis of the orders impugned inasmuch as the violation of the provisions of the Act, by the petitioner cannot be sustained.
5. Accordingly, the impugned orders dated 12/06/2018 and 27/06/2018 at Annexures- A and B respectively are quashed.
The writ petitions stand disposed of in terms of above.
Sd/- JUDGE Msu