Petitioner society sought quashing of an endorsement denying physical application for 9th standard upgradation. Court held authorities cannot entertain physical applications barring online submissions under amended rules.
Writ petition dismissed; authorities permitted for online application in next academic year.
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NC: 2023:KHC:20998 WP No. 10764 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 10764 OF 2023 (EDN-RES)
BETWEEN:
SRI RANGA VIDYA SAMSTHE (R) GANGANAGHATTA GATE, GANGANAGHATTA POST, TIPATURU TALUK, TUMAKURU DISTRICT-572227. REP. BY ITS CHIEF SECRETARY, SMT. H J MALINI, AGED ABOUT 52 YEARS, W/O DR.VIVECHAN, SRI RANGA HOSPITAL, TIPATURU TALUK, TUMAKURU DISTRICT-572220.
…PETITIONER
(BY SRI VINOD PRASAD, ADV.)
AND:
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:20998 WP No. 10764 of 2023
TUMAKURU DISTRICT-572220.
…RESPONDENTS
(BY SMT. PRAMODINI KISHAN, AGA FOR R1 TO R4)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 12.05.2023 BEARING NO.E6/HIMBARAHA/2023-24 ISSUED BY THE R4 ANNEXURE-C IN SO FAR AS IT REMAINS TO DIRECTION TO APPLY ONLY THROUGH ONLINE AND FURTHER PRAYS PERMIT THE PETITIONER TO SUBMIT APPLICATION PHYSICALLY AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed by the petitioner seeking following reliefs:
“i) A writ of certiorari quashing the endorsement dated 12.05.2023 bearing No.E6/Himbaraha/2023-24 issued by fourth respondent (Annexure-C), insofar as it remains to direction to apply only through online and further prays permit the petitioner to submit application physically.
ii) Issue a writ of mandamus directing the respondent Nos.1 to 4 to grant permission to the petitioner to start 9th standards after receiving application physically or direct the respondents to permit the petitioner to apply through online by completing the procedure
NC: 2023:KHC:20998 WP No. 10764 of 2023
before commencing of academic year 2023-24 and to make a necessary facility in that behalf.
iii) Issue any other writ or direction which this Hon’ble Court deems fit in the circumstance of the case to commence the 9th Standard and make admission to the 9th standard in the school run by the petitioner society by name Sri.Ranga Higher Primary English Medium School, Ganganaghatta Gate, Tipaturu Taluk, Tumakuru.”
NC: 2023:KHC:20998 WP No. 10764 of 2023
for 9th Standard. Feeling aggrieved by the said
endorsement issued by the fourth respondent, the petitioner/Society is before this Court.
learned Additional Government Pleader for respondent Nos.1 to 4. Perused the writ petition papers.
NC: 2023:KHC:20998 WP No. 10764 of 2023
that petitioner/Society probably in ignorance of the prevailing Rules, has submitted an application on 05.05.2023 seeking upgradation of their Society to impart education for 9th Standard students. As rightly pointed out by the learned Additional Government Advocate, the Rules clearly prescribe that application has to be filed online on the IT Portal of the Department and this application has to be tendered on or before 30th November of the preceding the academic year. The proviso also indicates that there can be extension only for a period of 60 days, subject to valid reasons. In the present case on hand, the petitioner/Society has not filed an application within the prescribed period provided under the Rules. It appears after closure of the Portal, an attempt is made by submitting an application physically. The Authorities in terms of the amended Rule 3 of the Karnataka Educational Institutions (Classifications and Registration)
(Amendment) Rules, 2018 are not authorized to entertain
NC: 2023:KHC:20998 WP No. 10764 of 2023
an application physically. Such a recourse is not provided under the Rules.
IT Portal of the Department, the respondents shall consider the said application in accordance with law.
In the light of the above, writ petition stands dismissed.
SD/JUDGE
NC CT:bms List No.: 1 Sl No.: 10
2 issues framed by the court
Whether the Education Department authorities can entertain a physical application for school upgradation submitted after the online portal closed.
Whether the petitioner society is entitled to a direction to start 9th standard or apply for it physically.
SRI RANGA VIDYA SAMSTHE
THE STATE OF KARNATAKA
COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTION
DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTION, TUMAKURU DISTRICT
BLOCK EDUCATION OFFICER TIPATURU TALUK
SACHIN SHANKAR MAGADUM
As recorded by the court registry
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