Partly allowed

St.Theresa Educational Cultural and Social Development Society v. State of Karnataka

Karnataka HC20 Feb 2023WP/3230/2023

Case brief

AI extract

What is this about?

This writ petition questioned the inaction of State authorities in not considering a society's application for affiliation and NOC filed in September 2022. The Court issued a mandamus directing respondents to consider the application by 03.03.2023.

What did the court decide?

Writ of mandamus directed respondent Nos. 1 to 5 to consider the application dated 19.09.2022 regarding affiliation and issuance of NOC on or before 03.03.2023.

St.Theresa Educational Cultural and Social… — Education and Admissions | Karnataka HC (2023)

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1 - WP No. 3230 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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WRIT PETITION NO. 3230 OF 2023 (EDN-RES)

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BETWEEN:

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ST.THERESA EDUCATIONAL CULTURAL AND SOCIAL DEVELOPMENT SOCIETY SOCIETY UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, BANNERUGHATTA ROAD, SY.NO. 54/2, 3RD MAIN, 6TH CROSS, N.S. PALYA ROAD, BILEKALHALLI ROAD, BENGALURU 560 076 (REPRESENTED BY ITS AUTHORIZED SIGNATORY SHRI, SANJAY S) ALSO AT R/O AT NO.9, R.T NAGAR POST, BENGALURU 32 …PETITIONER

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Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA

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(BY SRI K.ARUN KUMAR, SENIOR COUNSEL FOR SRI AMSHUMAN.M., ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION, (PRIMARY AND SECONDARY EDUCATION) VIDHANA SOUDHA BENGALURU 560 001

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COMMISSIONER OF PUBLIC INSTRUCTION DEPARTMENT OF EDUCATION,

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2 - WP No. 3230 of 2023

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(PRIMARY AND SECONDARY EDUCATION ) NRUPATHUNGA ROAD, BENGALURU 560 001

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DIRECTOR OF PUBLIC INSTRUCTIONS DEPARTMENT OF EDUCATION, (PRIMARY AND SECONDARY EDUCATION ) NRUPATHUNGA ROAD, BENGALURU 560 001

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DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DEPARTMENT OF EDUCATION, (PRIMARY AND SECONDARY EDUCATION) NO.12 DISPENSARY ROAD, KALLASIPALYA, BENGALURU 560 002

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BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTIONS BENGALURU SOUTH - ZONE 01 SHANKARAPURAM BENGALURU 560 072

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THE STATE OF KARNATAKA BY ANNAPOORNESHWARINAGAR POLICE STATION, BENGALURU REPRESENTED BY THE OFFICE OF THE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU 560 001

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…RESPONDENTS

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(BY SMT PRAMODHINI KISHAN, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 5 ISSUE AN NOC AS SOUGHT IN ANNEXURE-A VIDE DTD 19.09.2022 IN FAVOUR OF THE PETITIONER INSTITUTION AND ETC

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

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WP No. 3230 of 2023

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ORDER

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Heard the learned Senior counsel Sri K.Arun Kumar appearing on behalf of Sri Amshuman.M for the petitioner.

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Learned Additional Government Advocate accepts notice for the respondents.

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The petitioner is a Society running several educational institutions. The case of the petitioner is, it was accorded permission to carry out pre-primary, primary school since 2019 by name ORCHIDS THE INTERNATIONAL SCHOOL which was renewed from time to time on regular basis through the application for renewal.

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The petitioner is before this Court questioning the inaction of respondent Nos.1 to 5 in not taking action on the application dated 19.09.2022 made by the petitioner's institution and NOC which was sought for by the petitioner’s institution has not been provided or accorded by the respondents despite the application having made in the month of September 2022.

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WP No. 3230 of 2023

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There are several allegations made against the respondents for non-consideration of the application and the respondents harassing the petitioner’s institution including initiation of the criminal complaint under Section 420 and Section 34 of the Indian Penal Code.

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It is contended that non-consideration of the

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application for recognition is violation of principles of natural justice and the respondents are causing harassment to the petitioner's institution in imparting education to the students of the schools.

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Per contra , learned Additional Government Advocate representing the respondents contends that the petitioner has made an application seeking affiliation for CBSE and NOC for the academic year 2022-2023 in September 2022 and they would consider the application of the petitioner's institution as per the Rules and Regulations. It is further submitted by the learned Additional Government Advocate, on instructions, that the South DDPI has received the application just two days back and the North DDPI has received the application last two weeks and they have called for certain

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WP No. 3230 of 2023

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documents from the petitioner's institution which are yet to be submitted.

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Be that as it may, it is submitted across the Bar

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that the School as of now functioning without any hindrance but awaiting NOC from the respondent-State.

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In view of the application having been made during September 2022 by the petitioner's institution, the respondents-State is duty bound to reply/answer and consider the application which is pending before it since 19.09.2022 and

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they cannot sleep over on the application presented by the petitioner for consideration of NOC and affiliation for CBSE.

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The learned Senior counsel submits that the time

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the time period for filing the application for affiliation for CBSE closes during the second week of March 2023. It is also submitted that he would not press prayer (B) and restricts to prayer (A) sought for in the writ petition i.e., to consider the application dated 19.09.2022.

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Accordingly, I pass the following:

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WP No. 3230 of 2023

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ORDER

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i) Writ petition is allowed in part.

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ii) A writ of mandamus is issued to respondent Nos.1 to 5 to consider the application dated 19.09.2022 filed by the petitioner's institution with regard to affiliation and issuance of NOC. The same shall be expeditiously considered on or before 03.03.2023.

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iii) It is made clear that this Court has not expressed any opinion with regard to prayer (b) on initiation of criminal proceedings against the petitioner institution under Section 420 and Section 34 of Indian Penal Code and the same is left open.

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Sd/JUDGE

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List No.: 1 Sl No.: 6

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St.Theresa Educational Cultural and Social Development Society v. State of Karnataka

Case brief

What is this about?

What did the court decide?

St.Theresa Educational Cultural and Social Development Society v. 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

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