Partly allowed

Sri. Manjunatha Education Trust v. the State of Karnataka

Karnataka HC4 Sept 2023WP/8506/2023

Case brief

AI extract

What is this about?

This writ petition challenged the cancellation of a school's registration and withdrawal of its recognition. The High Court held that the order was illegal because it was passed by an authority without jurisdiction and without conducting the mandatory enquiry required by law. The order was quashed. Orders, Para 88-92..isNotBlank. Now is a judgment. The court quashed the cancellation order and dire

What did the court decide?

Petitioner's reliefs (a), (b), (c), (d), and (e) allowed; relief (f) reserved. Impugned orders and notices quashed. 4th respondent directed to conduct enquiry under Section 34(1).

Sri. Manjunatha Education Trust Vs the State of… — Writ and Judicial Review | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:31782 WP No. 8506 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 4^TH DAY OF SEPTEMBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE ASHOK S.KINAGI

¶6

WRIT PETITION NO. 8506 OF 2023 (EDN-RES)

¶7

BETWEEN:

¶8

SRI. MANJUNATHA EDUCATION TRUST 3^RD CROSS, KANAKA NAGARA, M V EXTENSION, HOSAKOTE, BENGALURU RURAL DISTRICT, REPRESENTED BY ITS ADMINISTRATOR, SRI A N ASHWATH NARAYANA, S/O LATE R NARAYANAPPA.

¶9

…PETITIONER

¶10

(BY SRI. SRIKANTH M P., ADVOCATE)

¶11

AND:

¶12

Digitally signed by SUNITHA GANGARAJU Location: High Court of Karnataka

¶13

THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA, PRIMARY AND SECONDARY EDUCATION, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE-560001.

¶14

THE COMMISSIONER FOR PUBLIC INSTRUCTIONS NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, BENGALURU -560001.

¶15

THE DIRECTOR OF PUBLIC INSTRUCTIONS NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, BENGALURU-560001

¶16

¶17

NC: 2023:KHC:31782 WP No. 8506 of 2023

¶18

THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS D.C.OFFICE BUILDING, DISTRICT ADMINISTRATION BUILDING, ROOM NO.126, BIRASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110

¶19

THE BLOCK EDUCATION OFFICER HOSAKOTE TALUK, BENGALURU RURAL DISTRICT-562114

¶20

…RESPONDENTS

¶21

(BY SRI. PRINCE ISSAC, AGA)

¶22

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT BEARING NO. LEPA-01/KA SHA STHA DOORU-54/2022-23/2554 DATED 24.02.2023 ISSUED BY THE R4 VIDE ANNX-P AND QUASH THE NOTICE BEARING NO. AA3/SHANTINIKETHANA PUBLIC SHALE DOORU/14/2022-23 DTD.18.03.2023 ISSUED BY THE R5 VIDE ANNX-R AND ETC.

¶23

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

¶24

ORDER

¶25

The petitioner filed this writ petition seeking for the

¶26

following reliefs:

¶27

a) Quash the impugned endorsement bearing No.LEPA-01/KA SHA STHA DOORU54/2022-23/2554 dated 24.02.2023 issued by the 4^th respondent vide Annexure-P.

¶28

¶29

NC: 2023:KHC:31782 WP No. 8506 of 2023

¶30

b) Quash the notice bearing No.AA3/SHANTINIKETHANA PUBLIC SHALE

¶31

No.AA3/SHANTINIKETHANA PUBLIC SHALE DOORU/14/2022-23 dated 18.03.2023 issued by the 5^th respondent vide Annexure-R.

¶32

c) Quash the order bearing No.LEPA1/KA PRA PROW MA NAVI-01/2022-23 dated 13.01.2023 issued by the 4^th respondent in respect of the petitioner vide Annexure-L.

¶33

d) Quash the endorsement bearing No.LEPA1/KA AAMA PA MAM HIMBARAHA-78/202223/1842 dated 10.11.2022 issued by 4^th respondent vide Annexure-J.

¶34

e) Quash the Endorsement bearing No.LEPA1/KA PRA SHA STHA GHA ANU=71/201718/405 dated 04.07.2019 issued by 4^th respondent vide Annexure-E.

¶35

f) Direct the respondents to grant post-facto permission to shift standards I to V as sought for by the petitioner.

¶36

g) Pass any such other appropriate order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity.

¶37

¶38

NC: 2023:KHC:31782 WP No. 8506 of 2023

¶39

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

¶40

The petitioner is a registered trust. The petitioner management was permitted and the Shantiniketana Public Kannada Primary School was registered by the petitioner management at Thammaegowda Layout, Hosakote taluk as per registration certificate dated 27.03.2013. The Institution was granted the recognition for the academic year 2013-14 onwards vide certificate dated 20.02.2016. The petitioner took the land for running the Institution on a rental basis vide rent agreement dated 15.03.2016. The endorsement was issued on 04.07.2019 regarding returning of the proposal for post-facto permission to transfer the Primary school run by the petitioner. The complaint was filed against the Institution claiming to be by public on 14.04.2022. The Block Education Officer having conducted the inspection submitted a report to the Deputy Director on 10.06.2022. The 4^th respondent issued a notice dated 08.08.2022 to the petitioner stating that why registration of the Institution should not be cancelled

¶41

5 - NC: 2023:KHC:31782 WP No. 8506 of 2023

¶42

and recognition should not be withdrawn acting under Sections 34 and 39 of the Karnataka Education Act, 1983. The petitioner submitted a reply on 14.09.2022 to the department. The proposal submitted by the petitioner for conversion of Medium of Instruction from Kannada to English was also returned vide endorsement dated 10.11.2022 by the 4^th respondent. The 4^th respondent issued an endorsement dated 13.01.2023 rejecting the proposal of the management on the plea that first recognition for Standard VI to VIII as not having been obtained by the management. The petitioner submitted representations dated 17.02.2023 and 20.03.2023 seeking necessary permission of the department to shift the institution. The 4^th respondent was pleased to issue an order on 24.02.2023 stating that registration of the Institution is cancelled and also recognition is withdrawn and the Institution is declared to be an unauthorized institution. The Block Education Officer issued notice on 18.03.2023, directing the management to shift the students to some other institution and also issued other

¶43

6 - NC: 2023:KHC:31782 WP No. 8506 of 2023

¶44

instructions. The petitioner being aggrieved by the order dated 24.02.2023 and notice dated 18.03.2023, filed this writ petition.

¶45

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

¶46

Learned counsel for the petitioner submits that the order dated 24.02.2023 was passed under Sections 34 and 39 of the Karnataka Education Act, 1983. He submits that before passing the impugned order, no opportunity of hearing was provided to the petitioner as required under Section 34(1) Karnataka Education Act, 1983. He submits that the impugned order passed by the 4^th respondent is in violation of principles of natural justice. Hence, on these grounds he prays to allow the writ petition.

¶47

Per contra, learned Additional Government Advocate for the respondents supports the impugned order dated 24.02.2023 and notice dated 18.03.2023 and prays to dismiss the writ petition.

¶48

¶49

NC: 2023:KHC:31782 WP No. 8506 of 2023

¶50

Perused the records and considered the

¶51

submissions made by learned counsel for the parties.

¶52

It is not in dispute that the petitioner is running the Educational Institution and it was registered in the year 2016 as per registration certificate dated 20.02.2016. The petitioner has shifted the institution from Thammaegowda Layout, Hosakote taluk to the present Kanakanagar and petitioner has produced the rental agreement executed on 15.03.2016 for the period of 30 years. The complaint was filed against the institution by the public. The 4^th respondent on the basis of complaint submitted by the public issued a notice dated 08.08.2022 calling upon the petitioner as to why the registration should not be cancelled and recognition should not be withdrawn. The petitioner has submitted a reply to the show cause notice dated 08.08.2022. The 4^th respondent without considering the reply submitted by the petitioner has proceeded to pass the impugned order. In order to consider the case in hand, it is necessary to consider

¶53

¶54

NC: 2023:KHC:31782 WP No. 8506 of 2023

¶55

Sections 34 and 39 of the Karnataka Education Act, 1983,

¶56

which reads as under:

¶57

34. Cancellation of registration. - (1) Where it appears to the registering authorityJ that in respect of any private educational institution or a local authority institution,-

¶58

(a) any condition for registration prescribed or specified under sub-section (2) of section 31 or the provisions of this Act or the rules made thereunder relating to registration are violated; or

¶59

(b) the local authority or the Governing Council to which a direction was given under sub-section (3) of section 33 has contravened the direction,

¶60

it may, after holding such enquiry as it deems fit, send report to the competent authority recommending the cancellation of registration of such institution.

¶61

(2) The competent authority may upon the receipt of the report under sub-section (1), after giving the local authority or the Governing Council an opportunity of being heard, order the cancellation of the certificate of registration of the institution and the removal of its name from the

¶62

9 - NC: 2023:KHC:31782 WP No. 8506 of 2023

¶63

register. Every such order shall be communicated to the local authority or the Governing Council and to the registering authority.

¶64

39. Withdrawal of recognition. - (1) Where any local authority or the Governing Council of any private educational institution,-

¶65

(a) fails to fulfill all or any of the conditions of recognition or fails to comply with the orders of the competent authority in regard to accommodation, equipments, syllabi, text books, appointment, punishment and dismissal of teachers;

¶66

(b) denies admission to any citizen on ground of religion, race, caste, language or any of them;

¶67

(c) directly or indirectly encourages in the educational institution any propaganda or practice wounding the religious feelings of any class of citizens of India or insulting religion or the religious belief of that class;

¶68

(d) employs or continues to employ any teacher whose certificate has been cancelled or suspended by the competent authority after due enquiry or who has been considered by the competent authority after due enquiry to be unfit or undesirable to be a teacher or

¶69

10 - NC: 2023:KHC:31782 WP No. 8506 of 2023

¶70

arbitrarily terminates the services of a teacher or fails to comply with the orders of the competent authority in this regard;

¶71

(e) fails to remedy the defects in the instruction or accommodation or deficiencies in the management or discipline within such time as may be specified therefor by the competent authority;

¶72

(f) contravenes any of the provisions of this Act, the rules and orders made thereunder;

¶73

the competent authority may, for reasons to be recorded in writing, withdraw the recognition of the institution or take such other action as is deemed necessary, after giving to the local authority or as the case may be, the Governing Council an opportunity of making its representation against such withdrawal or action.

¶74

(2) Where the State Government is of the opinion that the recognition granted to any local authority institution or private educational institution should, in the public interest be withdrawn, they may after giving to the local authority or as the case may be the Governing Council of the institution one month's notice to make any representation, withdraw by

¶75

11 - NC: 2023:KHC:31782 WP No. 8506 of 2023

¶76

notification the recognition granted to the said institution.

¶77

(3) Notwithstanding anything contained in any other law for the time being in force, no educational institution which has not been recognised, or the recognition of which has been withdrawn under this Act shall be entitled to,-

¶78

(a) receive any grant-in-aid from the State funds or other financial assistance or other facilities from the Government;

¶79

(b) send up or present candidates for examinations in courses of study conducted by a University or the Government.

¶80

Section 34 provides for cancellation of

¶81

registration. As per clause (b) Section 34(1), if there is any violation of the provisions of the Rules and Act, local authority or government authority has to hold an enquiry

¶82

and forward the report to the competent authority recommending the cancellation of registration of such institution. In the instant case, admittedly, local authority has not conducted any enquiry as required under section

¶83

12 - NC: 2023:KHC:31782 WP No. 8506 of 2023

¶84

34(1) of the Karnataka Education Act, 1983. Further, as per Section 39 the withdrawing authority is the competent authority. In the instant case, the order is passed by the 4^th respondent, who is not competent to pass an impugned order. The impugned order passed by respondent No.4. The order passed by the 4^th respondent is without authority. Thus, order passed by the 4^th respondent is in violation of Sections 34 and 39 of the Karnataka Education Act, 1983. Hence, on this ground alone itself the impugned order is liable to be set aside.

¶85

Accordingly, I proceed to pass the following:

¶86

ORDER

¶87

The writ petition is allowed.

¶88

The impugned order vide annexure-P, notice dated 18.03.2023 vide annexure-R issued by respondent No.5, the impugned order dated 13.01.2023 vide annexure-L, endorsements dated 10.11.2022 and 04.07.2019 vide annexures-J and E are hereby quashed.

¶89

13 -

¶90

NC: 2023:KHC:31782 WP No. 8506 of 2023

¶91

The 4^th respondent is directed to conduct an enquiry as per Section 34(1) of Karnataka Education Act, 1983 and thereafter forward the report to the competent authority. The competent authority is at liberty to take action in accordance with law.

¶92

In view of disposal of the writ petition, pending IAs., if any, do not survive for consideration and are accordingly disposed of.

¶93

SD/JUDGE

¶94

SKS

Sri. Manjunatha Education Trust v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Manjunatha Education Trust 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

K R Chandrashekhar Vs Prakasha

Thimmappa Vs Shankaramurthy

Sri P Krishnakumar Vs Sri L Puttaswamy

Belenus Institute of Nursing Sciences Vs the State of Karnataka

Sri Siddhartha D.Ei.Ed College Vs the Appellate Authority/Member Secretary

Hillside Ayurveda Medical College Vs the Union of India