Allowed

M/S. Manyta International School v. the State of Karnataka

Karnataka HC15 Sept 2022WP/4594/2022

Case brief

AI extract

What is this about?

In W.P. No.4594/2022, the Court quashed an order rejecting an application for IX and X standard recognition due to late filing. Relying on the petitioner's earlier unconsidered representation submitted before the deadline, the Court directed the respondents to reconsider the application physically.

What did the court decide?

The impugned endorsement dated 17.02.2022 is quashed. Respondents directed to reconsider the application physically within two weeks.

M/S. Manyta International School Vs the State of… — Education and Admissions | Karnataka HC (2022)

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¹

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IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 15^TH DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION No.4594 OF 2022 (EDN-RES)

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BETWEEN:

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M/S. MANYTA INTERNATIONAL SCHOOL SY.NO.135/2, HUNASANAHALLI HOBLI, KASABA HOBLI, BANGAREPETE TALUK, KOLAR DISTRICT-563 114 REPRESENTED BY ITS CHAIRMAN T.PRASAD RAO S/O LATE RANGARAO AGED ABOUT 47 YEARS

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…PETITIONER

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(BY SRI. D.R. RAVISHANKAR, SR.COUNSEL FOR SRI. SARAVANA.S., ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA REPT. BY PRINCIPAL SECRETARY PRIMARY AND SECONDARY EDUCATION DEPARTMENT, M.S.BUILDING,

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BENGALURU-560 001.

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2 . THE COMMISSIONER OFFICE OF THE DEPARTMENT OF PUBLIC INSTRUCTION NRUPATHUNGA ROAD,

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BENGLAURU-560 001.

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3 . THE DEPUTY DIRECTOR FOR PUBLIC INSTRUCTION KOLAR-563 101.

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…RESPONDENTS

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(BY SMT. SHWETHA KRISHNAPPA, AGA)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO GRANT PERMISSION TO COMMENCE CLASSES OF 9^TH AND 10^TH STANDARD IN THE PETITIONER SCHOOL FROM ACADEMIC YEAR 2021-22 ONWARDS AND ETC.

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²

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THIS W.P. COMING ON FOR ORDERS , THIS DAY, THE COURT MADE THE FOLLOWING:-

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ORDER

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In this petition, petitioner has sought for the following

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reliefs:

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a. Issue a writ in the nature of Mandamus directing the respondent to grant permission to commence classes of 9^th and 10^th standard in the petitioner school from academic year 2021-22 onwards.

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Or in alternative, issue a writ of mandamus directing the respondents to grant access to the petitioner for uploading the application seeking grant of permission to commence classes of 9^th and 10^th Standard for academic year 2021-22.

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b. Issue a writ in the nature of Certiorari quashing the impugned order of AnnexureK, dated 17/02/2022 in No.C8[3]/ SHAA.SHIAA/HIMBARAHA/11/2021-2022, passed by the 1^st respondent as arbitrator; and

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c. Pass such other orders as this Hon’ble Court deem fit and proper under the circumstance of the case in the ends of the justice.

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³

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2. Heard learned counsel for the petitioner and

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learned counsel for the respondents and perused the material on record.

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The material on record discloses that the petitioner intends to run IX and X standard (Higher secondary) for the academic year 2021-22 and in this regard, on account of Covid-19 pandemic, the respondents issued a Circular dated 03.12.2021 extending time upto 23.12.2021 for the petitioner and identically situated institutions to submit their application. Pursuant thereto, the petitioner attempted to submit its application on the online portal, which was not accepted on account of technical issues. Consequently, the petitioner submitted a representation dated 20.12.2021 intimating the respondents that the online portal was closed and requested the respondents to reopen the online portal for new secondary school registered for the year 2021-22. The said representation having not been considered by the respondents, the petitioner approached this Court in W.P.No.185/2022, which was disposed of by this Court on

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⁴

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07.01.2022 directing the respondents to consider the representation in accordance with law and inform the petitioner about the result of the same without any delay. It is the grievance of the petitioner that despite the petitioner complying with the directions issued in the Circular dated 03.12.2021, which fixed the time limit as 23.12.2021 and petitioner submitting a representation in this regard on 20.12.2021 within the time limit, which expired on 23.12.2021, the respondents have rejected the request of the petitioner for recognition on the ground that the application was not submitted within the time stipulated in the Circular dated 03.12.2021 and as such, the petitioner is before this Court by way of the present petition.

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Per contra, learned AGA for the respondents submits that there is no merit in the petition and would support the impugned order / endorsement and contend that the petition is liable to be dismissed.

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As rightly contended the learned Senior

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counsel for the petitioner, a perusal of the Circular at Annexure – H dated 03.12.2021 will clearly indicate that the

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petitioner was entitled upto 23.12.2021 to upload the application in online portal and having failed to do so, he submitted a representation dated 20.12.2021, within the time stipulated in the Circular, which expired on 23.12.2021 as directed by this Court in W.P.No.185/2022.

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Under these circumstances, in the light of the undisputed fact that the petitioner had submitted a representation on 20.12.2021, within the time stipulated in the Circular, which expired on 23.12.2021 coupled with the directions issued by this Court to the respondents to consider the said representation, I am of the considered opinion that the respondents clearly fell in error in rejecting the application on the ground that the same was not filed within the time stipulated in the Circular.

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Under these circumstances, the impugned endorsement issued by the respondents without taking into account the aforesaid undisputed facts and circumstances and directions issued by this Court is clearly illegal, arbitrary and in violation of principles of natural justice and the same deserves to be quashed and respondents are be

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⁶

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directed to reconsider the application / claim of the petitioner, in accordance with law, within a stipulated time frame.

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In the result, I pass the following:

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ORDER

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i) Petition is hereby allowed .

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ii) The impugned endorsement dated 17.02.2022 at Annexure – K is hereby quashed.

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iii) The concerned respondents are directed to reconsider the claim / application of the petitioner for commencement of IX and X Standard for the academic year 2020-21 onwards, in accordance with law by accepting the application in the physical mode, which shall be submitted by the petitioner within a period of two weeks, on or before 19.09.2022

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iv) Immediately upon the petitioner submitting the said application on or before 19.09.2022, respondents shall take necessary steps to consider the same and pass appropriate orders and take appropriate decision, in accordance with law, within a period of two weeks from 19.09.2022 without reference to validity or legality of the application submitted on 19.09.2022 on the ground that it is barred by time.

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Sd/JUDGE

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M/S. Manyta International School v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S. Manyta International School v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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