Disposed

St Antonys Education Society (R) v. the State of Karnataka

Karnataka HC13 Oct 2023WP/18064/2023

Case brief

AI extract

What is this about?

This writ petition challenged a show cause notice issued by the Block Education Officer alleging running schools in different buildings without passing an order on the reply. The Court held the challenge to the notice itself was not maintainable but directed the authorities to consider the reply and pass orders within 10 days.

What did the court decide?

Respondent No.6 directed to consider the reply and pass appropriate orders within 10 days; restrained from precipitating the matter.

St Antonys Education Society (R) Vs the State of… — Education and Admissions | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:37451 WP No. 18064 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 13^TH DAY OF OCTOBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE ASHOK S.KINAGI

¶6

WRIT PETITION NO. 18064 OF 2023 (EDN-RES)

¶7

BETWEEN:

¶8

ST. ANTONYS EDUCATION SOCIETY (R) J.C. NAGAR, W.C. WARD, KURUBARAHALLI, BUS STAND, BENGALURU - 560 086, REPRESENTED BY ITS SECRETARY,

¶9

…PETITIONER

¶10

(BY SRI. MADHU C S., ADVOCATE)

¶11

AND:

¶12

Digitally signed by SUNITHA GANGARAJU Location: High Court of Karnataka

¶13

THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LITERACY AND SCHOOL EDUCATION, M.S. BUILDING, BANGALORE – 560 001.

¶14

THE COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTIONS, NURPATHUNGA ROAD, BENGAURU - 560 001.

¶15

THE DIRECTOR, (PRIMARY) DEPARTMENT OF PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BENGALURU - 560 001.

¶16

THE DIRECTOR, (SECONDARY) DEPARTMENT OF PUBLIC INSTRUCTIONS,

¶17

2 - NC: 2023:KHC:37451 WP No. 18064 of 2023

¶18

NRUPATHUNGA ROAD, BENGALURU - 560 001.

¶19

THE DEPUTY DIRECTOR, DEPARTMENT OF PUBLIC INSTRUCTIONS, BENGALURU SOUTH DISTRICT, BENGALURU - 560 004.

¶20

THE BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTURCTIONS, BENGALURU SOUTH TALUK, BENGALURU - 560 004.

¶21

…RESPONDENTS

¶22

(BY SMT. MAMATA SHETTY AGA., ADVOCATE)

¶23

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SHOW CAUSE NOTICE OF THE R-6 DATED 10.07.2023 SHOWN AT ANNX-L AND ETC.,

¶24

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

¶25

O R D E R

¶26

The petitioner filed this writ petition challenging the Show cause notice dated 10.07.2023 vide Annexure-L, sought for mandamus directing the respondents to allot a Separate DISE Code to High School of the petitioner or an alternative and to consider the representations dated 01.07.2023 vide Annexures K1, K2 and K3.

¶27

3 - NC: 2023:KHC:37451 WP No. 18064 of 2023

¶28

Brief facts leading rise to filing of this petition are as under:

¶29

The petitioner is a registered Society under the Karnataka Societies Registration Act. The petitioner Society is running a primary, upper primary and a secondary school in Kurubarahalli, Bengaluru. The petitioner had obtained DISE code for running all schools and all the students' data is uploaded to the website and the petitioner is listed under 6^th category meaning thereby a school which running schools having classes from 1 to 10. The petitioner has not basic infrastructures to run schools from class 1 to 10. The petitioner has not violated any of the conditions of registration/recognition. Respondent No.6 issued a show cause notice asking why a criminal complaint shall not be lodged against the petitioner Society for running Prima School and High School in different buildings. The petitioner replied to the show cause notice. Respondent No.6 without passing any order, is trying to lodge a criminal complaint. Hence, this writ petition.

¶30

¶31

NC: 2023:KHC:37451 WP No. 18064 of 2023

¶32

Heard learned counsel for petitioner and learned Additional Government Advocate for the respondents.

¶33

Learned counsel for the petitioner submits that respondent No.6 issued a Show cause notice vide Annexure-L and the petitioner has submitted a reply to the said Show cause notice vide Annexure-M. Respondent No.6 is making an attempt to initiate the criminal case. Hence, on these grounds, he prays to issue a direction to respondent No.6 to consider Annexure-M and pass appropriate orders, in accordance with law.

¶34

Per contra , learned Additional Government Advocate submits that if reasonable time is granted to the respondent No.6, respondent No.6 will consider the reply to the Show cause notice vide Annexure-L and pass appropriate orders, in accordance with law.

¶35

The submission is placed on record.

¶36

5 - NC: 2023:KHC:37451 WP No. 18064 of 2023

¶37

Perused the records and considered the

¶38

submissions of the learned counsel for the parties.

¶39

Respondent No.6 issued a Show cause notice vide Annexure-L to the petitioner, pursuant to the show cause notice, the petitioner has submitted a reply to the Show cause notice vide Annexure-M dated 19.07.2023. Respondent No.6 has not passed any order on the reply vide Annexure-M. respondent No.6 without passing any order is making an attempt to initiate a criminal proceedings against the petitioner. The writ petition filed by the petitioner challenging show cause notice is not maintainable. This Court is of the opinion that if a direction is issued to respondents to consider the reply and pass appropriate order, no injustice would be caused to the respondents.

¶40

In view of the above discussion, I proceed to pass the following:

¶41

ORDER

¶42

The writ petition is disposed of.

¶43

6 - NC: 2023:KHC:37451 WP No. 18064 of 2023

¶44

Respondent No.6 is directed to consider Annexure-M reply to the Show cause notice vide Annexure-L and pass appropriate orders, in accordance with law, within a period of 10 days from the date of receipt of a copy of this order.

¶45

Meanwhile, respondent No.6 is directed not to precipitate the matter till passing an order.

¶46

Sd/JUDGE

¶47

SSB

St Antonys Education Society (R) v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

St Antonys Education Society (R) v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt Anasuyamma Vs Shivamma

Vamana Prabhu Vs Gopalakrishna Prabhu

D.P. Prakash Murthy Vs the Chief Secretary

Smt Sannapalamma Vs S Obaiah

V Vamshi Krishna Vs Rajiv Gandhi University of Health Science

Sri Rajashekar Vs F N Nanjappa