IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE:
THE HON’BLE MR. JUSTICE P.B.BAJANTHRI W.P.Nos.31361-31362/2019(Edn-Res) BETWEEN:
1. Vyasa Educational and Cultural Trust, Being a Public Charitable Trust under Indian Trust Act, 1882 Act and having its Office at Survey No.101/2, Doddabommasandra, BEL North Gate, Vidyaranyapura Post, Bengaluru – 560097.
Reptd. By its Chairperson Mr. V. Srinivasa Raju.
2. Vyasa International School, Survey No.101/2, Doddabommasandra, BEL North Gate, Vidyaranyapura Post, Bengaluru – 560097.
Reptd. By Authorised Signatory Mr. V.S.Krishnan.
…Petitioners (By Shri.G.L.Vishwanath, Advocate) AND:
1.State of Karnataka, By Principal Secretary, Department of Education (Primary Educatioin) M.S.Building, Bengaluru -560001.
2. State f Karnataka, By Deputy Secretary Education Department (Services), M.S. Building, Bengaluru -560001.
3. Deputy Director (North) Public Education Department, K.G. Road, Near Cauvery Bhavan and Shikmshakara Bhavan, Bengaluru – 560002.
4. Block Education Officer, Public Education Department (North -4) Yelahanka, Bengaluru – 560064.
(By Smt.Pramodhini Kishan, AGA) …Respondents These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the letter dated 03/06/2019 issued by respondent No.2 produced at Annexure-K etc.
These petitions coming on for preliminary hearing in ‘B’ Group this day, the Court made the following;
ORDER Pursuant to the order dated 31/07/2019, Sri. Somashekhar R, Deputy Secretary, Primary & Secondary Education Department (Services), has filed an affidavit along with Annexure – R1 to R4. In para -3 to 6 of the affidavit, there is an admission in respect of non-furnishing of inspection report.
2. On the other hand, it was pointed out that the gist of the report is mentioned in the office visitors’ book of the petitioner’s school on 29/01/2019. However, no material has been produced to show that Annexure-K was communicated to the petitioners.
3. In view of these facts and circumstances, the impugned communications/letters dated 03/06/2019, 25/08/2019, 15/07/2019 (Annexures-K, J and L) are treated as show cause notice to the petitioners.
4. Petitioners are hereby directed to submit their explanation within a period of eight weeks from today.
Thereafter, the concerned Government official is hereby directed to hear the petitioner in person while fixing a particular date in order to ascertain whether is there any deficiencies. The process shall be completed within a period of three months from the date of the order.
5. The official respondents are hereby directed to not to precipitate the issue till the submission of the petitioners’ explanation and oral hearing and until passing of final order.
6. With the above directions, petitions stand disposed of.
Sd/- JUDGE Msu