IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY WRIT PETITION NOS.23607-23654/2017 (EDN-RES) BETWEEN:
1. YASWANTH S S/O SHIVALINGAIAH AGED ABOUT 10 YEARS, PROMOTED 4TH STD TO 5TH STD., NO.116/1, 5TH MAIN, B CROSS, RAMAIAH BADAVANE, BANGALORE - 58 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN THE FATHER SHIVALINGAIAH.
2. CHINMAY S S/O SHIVALINGAIAH AGED ABOUT 7 YEARS, PROMOTED 1ST STD TO 2ND STD NO.116/1, 5TH MAIN, B CROSS, RAMAIAH BADAVANE, BANGALORE - 58 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN THE FATHER SHIVALINGAIAH.
3. LAKSHMI P D/O PUTTASWAMY AGED ABOUT 7 YEARS, PROMOTED 1ST STD TO 2ND STD NO.316/1, 4TH CROSS, NEAR NISARGA SCHOOL SRIGANDA NAGARA, HEGGANAHALLI, BANGALORE - 560 091 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN FATHER PUTTASWAMY.
4. LAVANYA P D/O PUTTASWAMY AGED ABOUT 6 YEARS, PROMOTED UKG TO 1ST STD NO.316/1, 4TH CROSS, NEAR NISARGA SCHOOL SRIGANDA NAGARA, HEGGANAHALLI, BANGALORE - 560 091 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN FATHER PUTTASWAMY.
5. VARALAKSHMI D/O PRAMILA L S AGED ABOUT 7 YEARS, PROMOTED 1ST STD TO 2ND STD NO. 52/A, 7TH MAIN, LAKSHMAN NAGAR, HEGGANAHALLI CROSS, BANGALORE - 91, SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN THE ANNEGOWDA 6. GAGAN M S/O LAVANYA M AGED ABOUT 10 YEARS, PROMOTED 4TH STD TO 5TH STD #19, 5TH CROSS, LAKSHMAN NAGAR, HEGGANAHALLI CROSS, BANGALORE - 560 091 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN THE MOTHER LAVANYA M.
7. HEMANTH K S/O JYOTHI K AGED ABOUT 9 YEARS, PROMOTED 3RD STD TO 4TH STD #10, 2ND A CROSS, LAKSHMAN NAGAR, HEGGANAHALLI CROSS, BANGALORE - 560 091 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN THE MOTHER JYOTHI K 8. RAKSHA R D/O RAMAKRISHNA G AGED ABOUT 11 YEARS, PROMOTED 5TH STD TO 6TH STD NO.E-363, SANJIVINI NAGARA, OM SHAKTHI TEMPLE ROAD, HEGGANAHALLI CROSS, BANGALORE - 560 091 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN THE FATHER RAMAKRISHNA G 9. RESHMA B C D/O CHANDRU R AGED ABOUT 6 YEARS, PROMOTED UKG TO 1ST STD #1027, 2ND MAIN, NAGARAHOLE NAGAR, HEROHALLI, BANGALORE - 560 091 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN THE FATHER CHANDRU R 10. NEERIKSHA B M D/O MAHESH K R AGED ABOUT 5 YEARS, PROMOTED LKG TO UKG #29/35, 1ST CROSS, SANJEEVINI NAGARA, OM SHAKTHI TEMPLE ROAD, HEGGANAHALLI CROSS, BANGALORE - 560 091 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN THE FATHER MAHESH K R.
11. THEJESHWINI B M D/O MAHESH K R AGED ABOUT 9 YEARS, PROMOTED 3RD STD TO 4TH STD #29/35, 1ST CROSS, SANJEEVINI NAGARA, OM SHAKTHI TEMPLE ROAD, HEGGANAHALLI CROSS, BANGALORE - 560 091 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN THE FATHER MAHESH K R.
12. SANJAY A S/O RADHA G, AGED ABOUT 8 YEARS, PROMOTED 2ND STD TO 3RD STD 6TH CROSS, DHARABENDRA ROAD, MUNESHWAR NAGARA, BANGALORE - 560 091 SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN THE MOTHER RADHA.
13. JAYASHREE A D/O RADHA G, AGED ABOUT 5 YEARS, PROMOTED LKG TO UKG 6TH CROSS, DHARABENDRA ROAD, MUNESHWAR NAGARA, BANGALORE - 560 091 SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN THE MOTHER RADHA.
14. YESHAVANTH.L S/O LAKSHMANA AGED ABOUT 9 YEARS, PROMOTED 3RD STD TO 4TH STD VIGNESHWAR NAGARA, SUNKADAKATTE, BANGALORE-560 091 SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN FATHER LAKSHMANA 15. HEMA R S/O JAYALAKSHMI, AGED ABOUT 17 YEARS, PROMOTED 9TH STD TO 10TH STD #627, 2ND CROSS, 2ND MAIN, VIGNESHWARA NAGARA, SUNKADAKATTE, BANGALORE -560 091.
SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN MOTHER JAYALAKSHMI 16. HARSHA M Y S/O YOGESH M.G. AGED ABOUT 12 YEARS, PROMOTED 6TH STD TO 7TH STD. #616/546, 1ST MAIN, 2ND CROSS, LAKSHMANA NAGARA HEGGANAHALLI CROSS, BANGALORE-91, SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN FATHER YOGESH M.G.
17. SHASHANKA S/O ANANTHKUMAR H.L. AGED ABOUT 10 YEARS, PROMOTED 4TH STD. TO 5TH STD. #10, MUNESHWAR NAGAR, HEGGANAHALLI CROSS, BANGALORE-91 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN FATHER ANANTHKUMAR H.L.
18. MANOJ K S/O KUMAR G AGED ABOUT 12 YEARS PROMOTED 6TH STD TO 7TH STD NO.66, SANJIVININAGAR, BANGALORE-91 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN FATHER KUMAR.G 19. SUSHMITHA S/O KUMAR G AGED ABOUT 8 YEARS PROMOTED 2ND STD TO 3RD STD NO.66,SANJIVININAGAR, BANGALORE-91 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN FATHER KUMAR G 20. SUPREETH N DEVAR S/O NINGAPPA DEVAR AGED ABOUT 7 YEARS PROMOTED 1ST STD TO 2ND STD # 24/3,1ST MAIN,2ND CROSS, SANJEEVINI NAGARA, BANGALORE-91 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN FATHER NINGAPPA DEVAR 21. SHREYA N DEVAR S/O NINGAPPA DEVAR AGED ABOUT 5 YEARS PROMOTED LKG TO UKG # 24/3,1ST MAIN,2ND CROSS, SANJEEVINI NAGARA, BANGALORE - 91 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN FATHER NINGAPPA DEVAR 22. VARUN K P S/O PARTHA SARATHI AGED ABOUT 13 YEARS PROMOTED 7TH STD TO 8TH STD #17, SANJEEVINI NAGARA HEGGANAHALLI, BANGALORE-91 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN FATHER PARTHA SARATHI 23. PAVAN K P S/O PARTHA SARATHI AGED ABOUT 10 YEARS PROMOTED 4TH STD TO 5TH STD #17, SANJEEVINI NAGARA HEGGANAHALLI , BANGALORE-91 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN FATHER PARTHA SARATHI 24. LOHITH GOWDA C S/O CHANDRAPPA AGED ABOUT 11 YEARS PROMOTED 5TH STD TO 6TH STD #7, 7TH CROSS, LAKSHMANNAGARA HEGGANAHALLI CROSS, BANGALORE-91 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN FATHER CHANDRAPPA 25. VIKASH GOWDA C S/O CHANDRAPPA AGED ABOUT 7 YEARS PROMOTED 1ST STD TO 2ND STD #7, 7TH CROSS, LAKSHMANNAGARA HEGGANAHALLI CROSS, BANGALORE-91 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN FATHER CHANDRAPPA 26. NIKITH GOWDA D/O C N NAGARAJ, AGED ABOUT 10 YEARS, PROMOTED 5TH STD TO 6TH STD, #4, 4TH CROSS, SANJEEVININAGAR, HEGGANAHALLI, BANGALORE-91, SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN FATHER C N NAGARAJ 27. HEMALATHA D/O C N NAGARAJ, AGED ABOUT 9 YEAS, PROMOTED 3RD STD TO 4TH STD, # 4, 4TH CROSS, SANJEEVININAGAR, HEGGNAHALLI, BANGALORE - 91, SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN FATHER C N NAGARAJ 28. DEEKSHA K D/O KUMAR S, AGED ABOUT 7 YEARS, PROMOTED 1ST STD TO 2ND STD, VIGNESHWARA NAGARA, NEELAGIRITHOP, HEGGNAHALLI CROSS, BANGALORE-91, SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN FATHER KUMAR S 29. VIKASGOWDA J S/O JAYAKUMAR, AGED ABOUT 8 YEARS, PROMOTED 2ND STD TO 3RD STD #101, 5TH CROSS, GAJANANANAGAR, HEGGANALLI CROSS, BANGALORE-560 091 SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN FATHER JAYAKUMAR 30. KUSHAL GOWDA N S/O NAGARAJU B AGED ABOUT 5 YEARS PROMOTED LKG TO UKG #517/518, 5TH MAIN 5TH CROSS, LAKSHMANA NAGRA HEGGANAHALLI CROSS, BANGALORE-91 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN FATHER NAGARAJU B 31. CHARAN G S/O GOVINDARAJU AGED ABOUT 14 YEARS PROMOTED 8TH STD TO 9TH STD. 4TH A 5TH CROSS ABDUL KALAM ROAD, SUNKADAKATTE BANGALORE-560091 SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN FATHER GOVINDARAJU 32. DEEKSHIT U S S/O GANGAMMA AGED ABOUT 7 YEARS PROMOTED UKG TO 1ST STD #517/518, 5TH MAIN, 5TH CROSS LAKSHMANA NAGARA HEGGANAHALLI CROSS, BANGALORE -91 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN MOTHER GANGAMMA 33. HARSHA H S/O JAYALAKSHMI AGED ABOUT 8 YEARS PROMOTED 2ND STD TO 3RD STD #10, 2ND A CROSS, LAKSHMANA NAGAR HEGGANAHALLI CROSS BANGALORE – 560 091 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN MOTHER JAYALAKSHMI 34. YASHAS.M S/O MANJUNATH H.K AGED ABOUT 9 YEARS PROMOTED 3RD STD TO 4TH STD. 5TH CROSS, LAKSHMAN NAGAR, HEGGANAHALLI CROSS, BANGALORE 560 091. SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN FATHER MANJUNATH H.K 35. VINAY KUMAR.P S/O PARASHURAM, AGED ABOUT 10 YEARS PROMOTED 4TH STD TO 5TH STD. #46, 1ST PHASE, 4TH MAIN, SHIVANANDA NAGAR, HEGGANAHALLI CROSS, BANGALORE -91. SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN FATHER PARASHURAM.
36. YASHMITHA.M S/O BALASUBRAMANYAM.M AGED ABOUT 7 YEARS, PROMOTED 1ST STD TO 2ND STD #31, 6TH MAIN, LAKSHMAN NAGAR, HEGGANAHALLI CROSS, BANGALORE - 560 091.
SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN FATHER BALASUBRAMANYAM.M 37. SINCHANA M.K D/O KAVITHA.K AGED ABOUT 7 YEARS PROMOTED 1ST STD TO 2ND STD. 2ND CROSS, LAKSHMAN NAGAR, HEGGANAHALLI CROSS, BANGALORE - 560 091 SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER KAVITHA.K 38. SANJANA M K D/O KAVITHA.K AGED ABOUT 9 YEARS, PROMOTED 3RD STD TO 4TH 2ND CROSS, LAKSHMAN NAGAR, HEGGANAHALLI CROSS, BANGALORE 560 091. SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER KAVITHA.K 39. HARSHA B S/O. BHASKAR S, AGED ABOUT 7 YEARS PROMOTED 1ST STD TO 2ND STD.
NO. 12, 6TH CROSS, LAKSHMAN NAGAR, HEGGANAHALLI CROSS, BANGALORE 560 091. SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN FATHER BHASKAR S 40. DIGANTH S/O. HANUMANTH J, AGED ABOUT 8 YEARS, PROMOTED 2ND TO 3RD STD. # 20, 4TH CROSS, MUNESHWARA NAGAR, BANGALORE 560091.
SINCE MINOR REP. BY HER NATURAL GUARDIAN FATHER HANUMANTH J 41. POORVIKA D/O. VENKATESH, AGED ABOUT 7 YEARS, PROMOTED 1ST STD TO 2ND STD, # 52, NISARGA ROAD, MUNESHWARA NAGAR, BANGALORE 560091, SINCE MINOR REP. BY HER NATURAL GUARDIAN FATHER VENKATESH 42. VARSHATHA D/O UMESH, AGED ABOUT 7 YEARS, PROMOTED 1ST STD. TO 2ND STD. NISARGA ROAD, MUNESHWARA NAGAR, BANGALORE – 560 091.
SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN FATHER UMESH.
43. PRIYANKA J D/O PRAMILA M, AGED ABOUT 11 YEARS, PROMOTED 5TH STD TO 6TH STD.
#19, 5TH MAIN, LAKSHMAN NAGAR, HEGGANAHALLI CROSS, BANGALORE - 91. SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER PRAMILA M 44. INCHARA J D/O PRAMILA M, AGED ABOUT 5 YEARS, PROMOTED UKG TO 1ST STD.
#19, 5TH MAIN, LAKSHMAN NAGAR, HEGGANAHALLI CROSS, BANGALORE - 91. SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER PRAMILA M 45. NISCHITHA V D/O VASANTH KUMAR C H, AGED ABOUT 15 YEARS, PROMOTED 9TH STD TO 10TH STD.
16-12-16, 2ND MAIN, LAKSHMAN NAGAR, HEGGANALLI CROSS, BANGALORE-91.
SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN FATHER VASANTH KUMAR C H 46. VIKAS V S/O VASANTH KUMAR C H AGED ABOUT 12 YEARS, PROMOTED 6TH STD TO 7TH STD 16-12-16, 2ND MAIN, LAKSHMAN NAGAR HEGGANAHALLI CROSS, BANGALORE -91 SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN FATHER VASANTH KUMAR C H 47. LIKITH S S/O SHIVAKUMAR K H AGED ABOUT 9 YEARS, PROMOTED 3RD STD TO 4TH STD 360, 5TH CROSS, SANJEEVININAGAR HEGGANAHALLI, BANGALORE - 91 SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN FATHER SHIVAKUMAR K H 48. MADHUSHREE S S/O SHIVAKUMAR K H AGED ABOUT 15 YEARS, PROMOTED 9TH STD TO 10TH STD 360, 5TH CROSS SANJEEVININAGAR HEGGANAHALLI, BANGALORE 91 SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN FATHER SHIVAKUMAR K H ... PETITIONERS (BY SMT.SUMAN HEDGE, ADV. ) AND:
1. STATE OF KARNATAKA REP: BY ITS SECRETARY TO THE GOVERNMENT, PRIMARY & SECONDARY EDUCATION, M.S. BUILDING, BENGALURU - 560 001.
2. THE DIRECTOR NEW PUBLIC OFFICE, NRUPATUNGA ROAD, BENGALURU - 560 001.
3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION BENGALURU NORTH DISTRICT (DDPI) K.G.ROAD, BENGALURU - 560 009.
4. THE BLOCK EDUCATION OFFICER (BEO) DEPARTMENT OF PUBLIC INSTRUCTIONS, RANGE-1, RAGAJINAGAR II BLOCK, BENGALURU - 560 010.
5. THE CHAIRMAN SRI KRISHNA INTERNATIONAL PUBLIC SCHOOL RUN BY NIMISHAMBADEVI GROUP OF INSTITUTION 3RD AND 4TH CROSS, LAKSHMAN NAGAR, OPP:MOHAN THEATRE, HEGGANALLI CROSS, BENGALURU - 560 091.
6. THE CHAIRMAN DISTRICT EDUCATION REGULATING AUTHORITY & DEPUTY COMMISSIONER BANGALORE URBAN DIST BANGALORE – 560 001 7. THE PUBLIC INFORMATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTIONS RANGE-1, RAGAJINAGAR II BLOCK, BENGALURU - 560 010. ... RESPONDENTS (BY SRI.SATHYNARAYANA SINGH, AGA FOR R1TO R4, R6 &R7; SRI.ASHOK HARNALLI, SR. ADVOCATE A/W ANUPAMA SHANKAR, ADV. FOR R5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE DENIAL OF ADMISSION TO THE PETITIONERS TO THE PROMOTING CLASSES BY R-5 IS WITHOUT AUTHORITY OF LAW, THE SAME IS NULL AND VOID; DIRECT R-6 TO DETERMINE THE FEES FOR THE PERIOD 2017-18 ON THE PETITION FILED BY THE PETITIONERS FORHWITH, IN ACCORDANCE WITH RULE 4 OF THE KEI [REGULATION OF CERTAIN FEES ETC] RULES 1999; INITIATE THE DISCIPLINARY ACTION AGAINST THE PIO THE R-7 UNDER THE RIGHT TO INFORMATION ACT; DIRECTION TO TAKE ACTION FOR TAKING OVER THE MANAGEMENT OF THE R-5 BY R-1 IN CASE THE R-5 CONTINUES ITS ILLEGAL ACTIVITIES.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners had approached this Court in earlier WP Nos.30981-31133/2016 & connected matters and this Court by the order dated 28.6.2016 disposed of the above writ petitions. Clause (10) of the operative portion of the order reads as under:
“(10) This Court, by interim order, had directed petitioners – students to pay 40% of the fees that was demanded by respective schools. It is made clear that petitioners – students shall deposit the fee as prescribed under Rule 10 of 1995 Rules r/w Rule 4 of 1999 Rules and same shall be notified by the respective institutions forthwith and on such intimation being published on Notice Board of respective respondents – schools, petitioners – students or their parents/guardians shall deposit the balance amount within 10 days from the date of notification or demand raised. It is also made clear that petitioners would be at liberty to pay such fee either in monthly, quarterly or half yearly or yearly as they may chose to do so, as indicated under Rule 10(7) of 1995k Rules. Any excess fee if collected already by respondents – institutions, same shall be either refunded or adjusted towards next academic year fees and same shall be notified on the Notice Board. Payments/refund would be subject to adjudication of dispute by Fee Regulating Authority.”
2. It is the case of the petitioners that they have paid 40% of the fee as per the interim order. Their grievance is that they are not being admitted to the school for the present academic year 2017-18 in the promoted classes demanding higher rate of fees. Therefore the respondents are directed to admit the petitioners on payment of 40% of the fees demanded and the balance shall be paid in three monthly installments.
3. In respect of arrears, for the year *2017-2018, it varies from student to student. Arrears of payment is to be ascertained in individual cases and has to be paid within 10 days from today. If there is any dispute, it has to be referred to the 6th respondent who shall pass appropriate order within a period * Corrected vide Court Order dated 31.10.2018 of 10 days and thereafter within 10 days, the said arrears are to be paid.
Accordingly, writ petitions are disposed of.
akd Sd/- JUDGE