A group of students filed a writ petition seeking a mandate to direct the CBSE Board and an affiliated school to consider their application for enrollment in the Grade 10 examination due to affiliation cancellation.
The respondents were directed to consider the representations dated 22.09.2023 and pass appropriate orders within one week.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 22353 OF 2023 (EDN-RES)
BETWEEN:
D/O KUMAR H.R AGED ABOUT 16 YEARS, REPRESENTED BY HER FATHER KUMAR H.R S/O RANGASWAMAIAH, AGED ABOUT 40 YEARS, HULIYURUDURGA HOBLI, KUNIGAL TALUK HOSADODDI, TUMKUR-572123.
Digitally signed by R DEEPA Location: High Court of Karnataka
AGED ABOUT 42 YEARS, R/AT KACHOLALLI ROAD, DASANPURA HOBLI, LAKSHMIPURA, MADANAYAKANAHALLI, BANGALORE-562162.
S/O SHIVANNA AGED ABOUT 43 YEARS, R/AT NUMBER 74/47, 1ST MAIN, 2ND CROSS SHRISHYLANAGAR, PATTEGEAPALYA, BANGALORE NORTH, BASAVESHWARANAGAR, BANGALORE-560079.
MACHOHALLI BENGALURU-560091.
…PETITIONERS
(BY MR. SIDDIKA AISHA, ADVOCATE FOR MR. RAHAMATHULLA KOTHWAL, ADVOCATE)
AND:
NEAR AUTOMATED RTO, UPKAR LAYOUT 7TH BLOCK SRI. M. VISHWESHWARAIAH LAYOUT BENGALURU – 560 091.
…RESPONDENTS
(BY SRI. M.R. SHAILENDRA, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TODIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 22.09.2023 GIVEN BY THE PETITIONERS TO ENROLL THE PETITIONERS IN THE CBSE BOARD GRADE 10 EXAMINATION IN ORDER TO APPEAR FOR THE BOARD EXAMINATION VIDE ANNEXURE-E1 TO E14.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner filed this writ petition seeking for a mandamus directing respondent Nos.1 and 2 to consider the representations dated 22.09.2023, as per Annexures
'E1 to E14'.
It is the case of the petitioners that the petitioners were the students of respondent No.3 - School which was affiliated by CBSE Board, due to the infrastructure norms
and bad virtual inspection the affiliation was cancelled. However, the School replied for the affiliation rectifying the error according to the rules of the CBSE Board and is pending for consideration. The petitioners are the students currently enrolled and studying in grade 10 at respondent No.3-School. The petitioners submitted a representation vide Annexures 'E1 to E14' to accommodate them in the other institution. Respondent Nos.1 and 2 have not taken any steps on the representations submitted by the petitioners. Hence, this writ petition.
submits that if reasonable time is granted to respondent Nos.1 and 2, respondent Nos.1 and 2 would consider the representations vide Annexures 'E1 to E14' and pass appropriate order, in accordance with law.
allowed. Respondent Nos.1 and 2 are directed to consider the representations dated 22.09.2023, Annexures 'E1 to E14' and pass appropriate order, in accordance with law, within a period of one week from today.
Sd/JUDGE
SSB
1 issue framed by the court
Whether the respondents are directed to consider the petitioners' representation for their admission in the CBSE Board Grade 10 Examination.
2 provisions across 1 enactments
Punyasree H K and others
CBSE Board
Nirman International Public School
Ashok S Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
