The Chief Justice of the Karnataka High Court disposed of a writ petition challenging the handover of an employee-owned school to DAV College Trust. The Court noted the petitioner's consecutive defaults and lack of active prosecution, closing the proceedings and dismissing the PIL.
Proceedings closed and Writ Petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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W.P.No.19753/2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16th DAY OF JULY, 2018
PRESENT
HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON’BLE MR.JUSTICE R.DEVDAS
WRIT PETITION NO.19753/2013 (GM-RES-PIL)
BETWEEN :
RAICHUR VIKASA PARISHAD REPRESENTED BY ITS PRESIDENT MR.RAVINDRA JALDAR # 08, CMC COMPLEX TIPPU SULTAN ROAD RAICHUR-584 101 (KARNATAKA) ... PETITIONER (BY SRI C S DWARAKANATH, ADVOCATE [ABSENT])
... PETITIONER
AND :
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W.P.No.19753/2013
(BY SRI VIKRAM HUILGOL, HCGP FOR R-1 & 2; SRI AJAY J NANDALIKE, ADVOCATE FOR R-3 & 4; SRI UDAYA FOR SRI H C SHIVARAMU, ADVOCATE FOR R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE MEMORANDUM OF UNDERSTANDING DATED 25.06.2009 EXCEPT BY INVITING TENDERS FROM PUBLIC AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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W.P.No.19753/2013
ORDER
None present for the petitioner.
Perusal of the record makes out that nobody had appeared for the petitioner on several previous occasions, including the hearings on 02.06.2017, 27.03.2018 and 27.06.2018. However, in the interest of justice, the matter was adjourned.
For nobody having appeared for the petitioner today also and for consecutive defaults, it appears that the petitioner has lost interest in prosecuting this petition. Even otherwise, having perused the record, we find no reason to continue with this petition any further.
The application -I.A.No.2/2014 for impleading is allowed and the applicant is ordered to be joined as the respondent No.5 to this petition.
In this petition, filed as a public interest litigation, the petitioner seeks to question the steps taken by the respondent No.3-Karnataka Power Corporation Limited to handover the management and functioning of the school viz., RTPS,
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W.P.No.19753/2013
essentially meant for the children and wards of their employees, to the respondent No.5 -DAV College Trust and Management Society.
Managing the affairs of an educational institution set up essentially for the benefit of the children and wards of their employees is a matter to be considered and decided by the respondent No.3; and in the present matter, we are unable to find any case of illegality or infirmity, where such decision to handover the school to DAV College Trust and Management Society was taken after due consideration of all the relevant factors, including financial implications.
It has also been pointed out that the management of the school by the respondent No.5, as per the terms of memorandum of understanding with the respondent No.3, is continuing since the academic year 2009-10 at Raichur.
For the facts and circumstances noticed hereinabove,
we are unable to find any reason to consider interference, particularly when no public cause is being served by this petition.
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W.P.No.19753/2013
In view of the above, the proceedings herein stand
closed.
The petition stands disposed of.
The pending Interlocutory Application also stands
disposed of.
Sd/CHIEF JUSTICE
Sd/-
JUDGE
bkv
3 issues framed by the court
Whether the High Court should interfere with the power of the Karnataka Power Corporation Ltd. to hand over management of an employee school to DAV College Trust.
Whether the petitioner has shown sufficient interest to continue the public interest litigation.
Whether the decision to hand over the school management was arbitrary or illegal.
2 provisions across 1 enactments
RAICHUR VIKASA PARISHAD
STATE OF KARNATAKA
KARNATAKA POWER CORPORATION LTD.
THE KARNATAKA POWER CORPORATION LTD.
EXECUTIVE DIRECTOR T RTPS
DAV COLLEGE TRUST & MANAGEMENT SOCIETY
DINESH MAHESHWARI
R.DEVDAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
