Allowed

St.Theresa Educational v. State of Karnataka

Karnataka HC20 Feb 2023WP/3292/2023

Case brief

AI extract

What is this about?

This petition sought a direction to issue an NOC and consider an application for CBSE affiliation. The court directed the respondents to expeditiously consider the pending application on or before 03.03.2023 before disposing the petition.

What did the court decide?

Writ of mandamus directing respondent Nos.1 to 5 to consider the application dated 16.09.2022 and issue NOC on or before 03.03.2023.

St.Theresa Educational Vs State of Karnataka — Education and Admissions | Karnataka HC (2023)

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1 - WP No. 3292 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. 3292 OF 2023 (EDN-RES)

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BETWEEN:

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Digitally signed by VINUTHA M Location: High Court of Karnataka

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ST.THERESA EDUCATIONAL CULTURAL AND SOCIAL DEVELOPMENT SOCIETY, SOCIETY UNDER THE KARNATAKA SOCIETIES RGISTRATION ACT BANNERUGHATTA ROAD, 6^TH CROSS, N.S.PALYA, BILEKAHALLI VILLAGE, BEGUR HOBLI, BENGALURU – 560 076. (REPRESENTED BY ITS AUTHORIZED SIGNATORY SHRI. SANJAY L). ALSO AT NO.9, RT NAGAR POST, BENGALURU – 32. …PETITIONER

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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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WP No. 3292 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, BENGALURU – 560 002.

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BLOCK EDUCATION OFFICER, DEPARTMENT OF PUBLIC INSTRUCTIONS, BENGALURU SOUTH ZONE 04, BENGALURU EAST TALUK, GOVT. PRIMARY SCHOOL COMPLEX, TRIVENI NAGAR, K R PURA, BENGALURU – 560 036.

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…RESPONDENTS

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(BY SMT.PRAMODHINI KISHAN, AGA)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R1 TO 5 TO ISSUE AN NOC AS SOUGHT IN ANNEXURE - A VIDE DATED 16.09.2022 IN FAVOUR OF THE PETITIONER INSTITUTION WITHIN MARCH 2023 AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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3 - WP No. 3292 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

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notice for the respondents.

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The petitioner is a Society running several educational institutions. The case of the petitioner is, that it was accorded recognition 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 16.09.2022 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. There are several allegations made against the respondents for non-consideration of the application.

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WP No. 3292 of 2023

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It is contended by the learned Senior counsel that the BEO has recommended the grant of affiliation for CBSE but, the Government has not acted on it. It is also contended that non-consideration of the 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

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

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WP No. 3292 of 2023

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Be that as it may, it is submitted across the Bar that the School as of now is 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 16.09.2022 and they cannot sleep over the matter presented by the petitioner for consideration of NOC and affiliation for CBSE.

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The learned Senior counsel submits that the time period for filing the application for affiliation for CBSE closes during the second week of March 2023.

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10. Accordingly, I pass the following:

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ORDER

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i) Writ petition is disposed of.

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ii) A writ of mandamus is issued to respondent Nos.1 to 5 to consider the application dated 16.09.2022 filed by the petitioner's institution with regard to affiliation

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6 - WP No. 3292 of 2023

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and issuance of NOC. The same shall be expeditiously considered on or before 03.03.2023.

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Sd/JUDGE

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VM List No.: 2 Sl No.: 5

St.Theresa Educational v. State of Karnataka

Case brief

What is this about?

What did the court decide?

St.Theresa Educational v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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