Dismissed

Sri. Krishna Naik v. State of Karnataka

Karnataka HC16 Dec 2020WP/14542/2020

Case brief

AI extract

What is this about?

The Karnataka High Court dismissed a writ petition under Articles 226 and 227 seeking a direction to shift a private school due to its proximity to a government school. The bench held that the location does not affect government school functioning and is advantageous to children under Article 21A and the RCE Act.

What did the court decide?

dismissed for failure to establish any public interest or that the location affects the functioning of the government school.

Sri. Krishna Naik Vs State of Karnataka — Service and Employment | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF DECEMBER, 2020

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PRESENT

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THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA

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AND

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THE HON’BLE MR.JUSTICE NATARAJ RANGASWAMY

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WRIT PETITION NO.14542 OF 2020 (EDN-RES)

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BETWEEN:

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SRI KRISHNA NAIK S/O DAKYA NAIK, AGED ABOUT 39 YEARS, RESIDING AT YENNEKOPPA VILLAGE AND POST, SORABA TALUK,

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SHIMOGGA DISTRICT-577429.

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SRI DEVARAJ G.H. S/O HANUMANTHAPPA, AGE 39 YEARS, RESIDING AT YENNEKOPPA VILLAGE AND POST, SORABA TALUK,

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SHIMOGGA DISTRICT-577429.

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SRI HANUNTHAPPA S/O GANESHAPPA, AGED ABOUT 38 YEARS, RESIDING AT YENNEKOPPA VILLAGE AND POST, SORABA TALUK, SHIMOGGA DISTRICT-577429.

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SRI RAVI .H S/O HOLIYAPPA, AGED ABOUT 32 YEARS, RESIDING AT YENNEKOPPA VILLAGE AND POST, SORABA TALUK, SHIMOGGA DISTRICT-577429.

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SRI SUBBASH .B S/O BASAVARAJ, AGED ABOUT 21 YEARS, RESIDING AT YENNEKOPPA VILLAGE AND POST, SORABA TALUK, SHIMOGGA DISTRICT-577429.

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SRI JAYAPPA S/O KULDI THIMMAPPA, AGED ABOUT 56 YEARS, RESIDING AT YENNEKOPPA VILLAGE AND POST, SORABA TALUK, SHIMOGGA DISTRICT-577429.

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SRI VENKATESH S/O GOVINDAPPA, AGED ABOUT 46 YEARS, RESIDING AT YENNEKOPPA VILLAGE AND POST, SORABA TALUK, SHIMOGGA DISTRICT-577429.

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SRI SURESHAPPA S/O KARIYAPPA, AGED ABOUT 48 YEARS, RESIDING AT YENNEKOPPA VILLAGE AND POST, SORABA TALUK, SHIMOGGA DISTRICT-577429.

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… PETITIONERS

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(BY SRI. GANAPATHI, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, PRIMARY AND SECONDARY EDUCATION DEPARTMENT, M.S. BUILDING, BANGALORE-560001.

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COMMISSIONER OF PUBLIC INSTRUCTION, NRUPATUNGA ROAD, BANGALORE-560001.

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DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577201.

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THE BLOCK EDUCATION OFFICER SORABA TALUK, SHIVAMOGGA DISTRICT-577429.

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THE SCHOOL DEVELOPMENT AND MANAGEMENT COMMITTEE, SRI SARDAR MALLIKARJUNAGOUDAR HIGHER PRIMARY SCHOOL, YENNEKOPPA VILLAGE, SORABA TALUK, SHIMOGGA DISTRICT-577429, BY ITS PRESIDENT.

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SRI DEVARAJA A.P. IN-CHARGE HEAD MASTER, SRI SARDAR MALLIKARJUNAGOUDARA HIGHER PRIMARY SCHOOL, YENNEKOPPA, SORABA TALUK, SHIMOGGA DISTRICT-577429.

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SRI BASAVESHWARA EDUCATION SOCIETY, YENNEKOPPA, SORABA TALUK, SHIMOGGA DISTRICT-577429, BY ITS SECRETARY.

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… RESPONDENTS

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(BY SMT. PRAMODINI KISHAN, ADDITIONAL GOVERNMENT ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 4 TO TAKE PROPER ACTION AGAINST THE R-7 MANAGEMENT FOR SHIFTING OF SCHOOL FROM THE EXISTING PLACE TO OUTSIDE YENNEKOPPA VILLAGE OR OTHER NECESSARY STEPS FOR CONTROLLING THE R-7 MANAGEMENT CONSIDERING THE REPRESENTATION DATED 29.10.2020 UNDER ANNEXUREH1 TO H4.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, NAGARATHNA, J., MADE THE FOLLOWING:

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ORDER

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This writ petition is stated to be in public interest.

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Learned counsel for the petitioners

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submitted that the seventh respondent-School is located very close to the Government School in Yennekoppa Village, Soraba Taluk, Shivamogga District. He submitted that there is a likelihood of the students from the Government School seeking admissions in the Private School and therefore, the strength of the students in the Government School may reduce. Learned counsel for the petitioners also submitted that a direction may be issued to respondent Nos.1 to 4 to shift the seventh respondent–School outside Yennekoppa village.

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We have considered the submissions of

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learned counsel for the petitioners in the light of the averments in the writ petition.

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4. We do not think that the location of the

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seventh respondent-School in Yennekoppa village in the vicinity of the Government School would in any way affect the functioning of the Government School. That apart, viewed from the point of view of the children from the said village, we think that the location of both the Government School and the Private School in the village would be to their advantage, particularly, having regard to Article 21A of the Constitution of India and the provision of the Right of Children to Free And Compulsory Education Act, 2009.

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We do not find any public interest that is sought to be redressed in this petition. Hence, the petition is

dismissed .

Sd/JUDGE

Sd/JUDGE

Sri. Krishna Naik v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Krishna Naik v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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