Allowed

Sri.Gururaja Proud a Shale v. the State of Karnataka

Karnataka HC4 Nov 2024WP/111047/2019

Case brief

AI extract

What is this about?

A shifted and renewed school sought permanent DISE Code, SATS and Shala Sanketha so its students could take SSLC exams at their own institution. Its representation went unaddressed. The court issued a writ of mandamus directing respondents to consider the representation and pass suitable orders in law within six weeks.

What did the court decide?

Writ of mandamus directing respondents 2-4 to consider the representation dated 22.12.2018 and pass suitable orders in accordance with law within six weeks.

Sri.Gururaja Proud a Shale Vs the State of… — Education and Admissions | Karnataka HC (2024)

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NC: 2024:KHC-D:16091 WP No. 111047 of 2019

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IN THE HIGH COURT OF KARNATAKA

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DHARWAD BENCH

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DATED THIS THE 04^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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WRIT PETITION NO. 111047 OF 2019 (EDN-RES)

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BETWEEN:

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SRI GURURAJA PROUDA SHALE, K. GONALA, KUSTAGI TALUK, KOPPALA DISTRICT-583 236, RUN BY DHRUVA HARIJANA SARVAJANIKA VIDYHA SAMSTHE, MAGODU, SHIRA TALUK, TUMKUR DISTRICT-572125, REPRESENTED BY ITS THE PRESIDENT, SRI PARASHURAM F.G. S/O. FAKKIRAPPA, AGED ABOUT 55 YEARS.

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…PETITIONER

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(BY SRI MAHESH WODEYAR, ADVOCATE.)

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AND:

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MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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THE STATE OF KARNATAKA, SECRETARY OF GOVERNMENT, HIGHER AND PRIMARY SCHOOL EDUCATION, M.S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU-560 001.

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THE COMMISSIONER, PUBLIC INSTRUCTIONS DEPARTMENT, KALBURGI DISTRICT-583 231.

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DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, KOPPALA DISTRICT, KOPPALA -583 236.

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BLOCK EDUCATIONAL OFFICER, KUSTAGI TALUK, KOPPALA DISTRICT-583 277.

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THE DIRECTOR, THE KARNATAKA STATE SECONDARY

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NC: 2024:KHC-D:16091 WP No. 111047 of 2019

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EDUCATION EXAMINATION BOARD, MALLESHWARAM, BENGALURU-560 003.

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…RESPONDENTS

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(BY SRI V.S. KALASURMATH, HCGP.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO TAKE IMMEDIATE STEPS FOR ISSUANCE OF DIA'S CODE SATS AND SHALA SANKETHA BY CONSIDERING THE LETTER DATED 15.02.2014 AND LETTER DATED 05.04.2018 AND THE REPRESENTATION DATED 22.12.2018 UNDER ANNEXURE-D, H AND J, 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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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

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Heard the learned counsel for the petitioner and the learned HCGP for the respondents.

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The petitioner is a school namely Sri Gururaj Prouda Shale at K.Gonal village in Kughtagi taluka of Koppal district. This school is run by a society registered under the Karnataka Societies Registration Act. It is submitted that due to lack of infrastructure and other facilities, the petitioner institution was not able to continue to run the school and accordingly sought for shifting of the school from Hirebidanur village in Gowribidanur taluk of Chikkaballaplur district to

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3 - NC: 2024:KHC-D:16091 WP No. 111047 of 2019

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K.Gonal village of Kustagi taluk in Koppal district, which was permitted and later the school was shifted as per the order dated 26.06.2009. Pursuant to the shifting of the school, the renewal of the petitioner school was also granted.

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This being the state of affairs, the petitioner made a representation to the respondents for issuance of DISE Code, SATS and Shala Sanketha. The representation was forwarded to the 3^rd respondent for taking steps for issuance of DISE Code, SATS and Shala Sanketha. The petitioner institution was unable to enable the students of the SSLC to take up the exams in their institution. Therefore a representation came to be made on 22.12.2018 for issuance of permanent DISE Code, SATS and Shala Sanketha Code to the petitioner institution to enable the students of the petitioner institution to take up their examination in their own institution rather than going to other location as center for taking up SSLC examinations.

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Hence, the present petition is filed for

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consideration of the representation filed by the petitioner which has not been done by the respondents and no such

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4 - NC: 2024:KHC-D:16091 WP No. 111047 of 2019

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permission is granted to take exams by issuing DISE Code, SATS and Shala Sanketha.

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Learned HCGP representing the respondents

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submits that the representation so made by the petitioners would be considered in accordance with law if all the parameters are met as required.

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6. Under the circumstances, placing the submission

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of the learned Addl. Government Advocate on record, this petition could be disposed of. Accordingly, I pass the following:

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ORDER

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i) The petition is allowed.

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ii) A writ of mandamus is issued directing the

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respondents No.2 to 4 to consider the representation of the petitioner dated 22.12.2018 at Annexure-D and J and pass suitable orders in accordance with law.

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5 - NC: 2024:KHC-D:16091 WP No. 111047 of 2019

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iii) The same shall be adhered to by passing an order within a period of six weeks from the date of receipt of a copy of this order, if already not considered.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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MRK CT-MCK List No.: 3 Sl No.: 7

Sri.Gururaja Proud a Shale v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri.Gururaja Proud a Shale v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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