A PIL seeking directives to private schools regarding student promotions and fee collection during the COVID-19 pandemic was dismissed. The High Court declined to entertain the matter in public interest, reserving liberty to the petitioner to file a private interest suit.
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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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 09TH DAY OF MARCH, 2021
PRESENT
THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA
AND
THE HON’BLE MR. JUSTICE N.S.SANJAY GOWDA
WRIT PETITION No.4610/2021 (EDN-RES-PIL)
BETWEEN:
SRI BUDUNURU RAMACHANDRA S/O. LATE VENKATESHAIAH, AGED ABOUT 49 YEARS, RESIDING AT FLAT NO.437, VASTU GREE APARTMENT UTTARAHALLI MAIN ROAD, BENGALURU - 560 060. ... PETITIONER
(BY SRI MANJUNATH R., ADVOCATE)
AND:
(BY SRI S. RAJASHEKAR, ADDL. GOVERNMENT ADVOCATE)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS DUE TO COVID-19 ALL THE STUDENTS BE PROMOTED FOR ACADEMIC YEAR 2020-21, NOT TO COLLECT THE FULL FEES FROM THE PARENTS WHO ARE UNABLE TO ADMIT THEIR CHILDREN FOR 2020-21 DUE TO HUGE FEES, STOP BLACKMAILING THAT THE CHILDREN WILL NOT BE PROMOTED AND THEY HAVE TO STUDY IN THE SAME CLASS IN THE NEXT ACADEMIC YEAR 2021-22. SET OUT A GUIDELINES FOR SCHOOLS EITHER STATE OR CENTRAL SYLLABUS IN THE STATE FOR PROPER SCHOOL FEES STRUCTURE. ORDER THE GOVERNMENT TO CONSTITUTE A REGULATORY BODY AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:
O R D E R
We have heard learned counsel for the petitioner and learned Additional Government Advocate for respondent Nos.1 and 2 on advance notice and perused the material on record.
" PRAYER
WHEREFORE the petitioner prays that this Hon'ble Court be pleased to:
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is not violated by the private schools in clear violation of Human Rights.
INTERIM RELIEF
Pending disposal of the above writ petition (PIL) the petitioner prays that this Hon'ble Court be pleased to direct the respondents to stop collecting the fees and encourage for admissions of the students who
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are dropped out and for the promote the students to their academic year 2021-22.
Place: Bengaluru Sd/Date: 02/03/2021 Advocate for Petitioner"
Learned counsel for the petitioner also submitted that the petitioner's daughter Indushree R., is studying in Upper Kindergarten in respondent No.3/schoool and she joined in the academic year 2019-2020. Therefore, being aggrieved, the petitioner has preferred this writ petition in public interest, as it affects large sections of the student population as well as the parents, who find it difficult to pay huge fees to the schools during the period of Corona virus/Covid-19 pandemic as the schools have not been conducting regular classes during the said period. Learned counsel for the petitioner submitted that even though petitioner's daughter is studying in respondent No.3/school and as one of the aggrieved parties, the petition may be entertained in public interest.
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been entertained by this Court and liberty has been reserved to such parents to seek recourse in accordance with law as aggrieved parties and therefore, this writ petition also may not be entertained in this public interest litigation.
Sd/JUDGE
Sd/JUDGE
S*
2 issues framed by the court
Whether a writ petition filed in public interest regarding school fees and promotions during the COVID-19 pandemic can be entertained.
Whether this Court can issue mandatory writs to private schools to stop fee collection and mandate promotions.
Sri Budunuru Ramachandra
The Chief Secretary, The Government of Karnataka
The Principal Secretary, The Government Department of Primary and Secondary Education
The Principal Swargarani School & P.U. College
B.V. Nagarathna
N.S. Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
