Disposed

Sri Byraveshwara Vidya Samsthe v. State of Karnataka

Karnataka HC18 Mar 2024WP/19534/2021

Case brief

AI extract

What is this about?

Writ petition filed to quash show cause notices threatening cancellation of educational institution recognition. Court reserved liberty and directed petitioner to reply within time. Petitioner to allow exp. date 05.04.2024. Respondent to pass order later.

What did the court decide?

Remand matter to Respondents to consider reply. Petitioner to reply within three weeks.

Sri Byraveshwara Vidya Samsthe Vs State of… — Education and Admissions | Karnataka HC (2024)

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1 - NC: 2024:KHC:11021 WP No. 19534 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 19534 OF 2021 (EDN-RES)

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BETWEEN:

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SRI BYRAVESHWARA VIDYA SAMSTHE BHEEMASANDRA, TUMAKURU-572107 REP BY ITS SECRETARY, SRI B C GANGADHARASWAMY

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…PETITIONER

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(BY SRI. SHANKARANARAYANA BHAT B &

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SRI. S N BHAT.,ADVOCATES)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO THE EDUCATION DEPARTMENT, M.S.BUILDING, BENGALURU-560001

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Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA

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THE COMMISSIONER FOR PUBLIC INSTRUCTION, NRUPATHUNGA ROAD, BENGALURU-560001

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DEPUTY DIRECTOR FOR PUBLIC INSTRUCTION, DR S RADHAKRISHNAN ROAD, SOMESHWARAPURM, TUMAKURU-572102

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BLOCK EDCUATION OFFICER FOR PUBLIC INSTRUCTION, TUMAKURU-572101

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…RESPONDENTS

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(BY SMT. SARITHA KULKARNI., HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE MEMORANDUM

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2 - NC: 2024:KHC:11021 WP No. 19534 of 2021

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ISSUED BY THE R-4 DTD.06.02.2021 BEARING NO. AA1.AA.PROU.SHA.SHI.HE 110/2019-20 908 AT ANNEXURE-C AND ETC.

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

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ORDER

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The petitioner is before this Court seeking for the following relief:

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a. Quash the memorandum issued by the 4^th respondent dated 06.02.2021 bearing No. Aa1.Aa1.Aa.Prou.Sha.Shi.He 110/2019-20 908 vide Annexure-C

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b. Quash the memorandum issued by the 4^th respondent dated 26.04.2021 bearing No.Aa1.Aa.Prou.Sha.He 110/2019-20 vide Annexure-G.

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c. And grant any such other relief that this Hon’ble Court deems fit to grant in the interest of justice and equity.

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A perusal of the alleged impugned order dated 6.2.2021 at Annexure-C and order dated 26.4.2021 at Annexure-G indicate that same are show cause notices calling upon the petitioner to show cause as to why the recognition granted would not be required to be cancelled.

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Learned counsel for the petitioner submits that it is only in the academic year 2020-2021 that due to the onset of Covid the number of students has reduced otherwise

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3 - NC: 2024:KHC:11021 WP No. 19534 of 2021

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prior to that there were adequate number of students and further that there are adequate number of students willing to take up admission in the petitioner institution even now.

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If that be so, it is for the petitioner to reply to the show cause notice placing those details on record. Which would have to be taken into consideration by respondent No.4 before passing any orders.

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Reserving such liberty to the petitioner, the petition stands disposed of.

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The petitioner is directed to reply to the show cause notice within three weeks from now i.e., on or before 5.4.2024. Respondent No.4 shall pass the necessary order thereon within three weeks thereafter i.e., 26.4.2024, if necessary, by providing an opportunity of hearing to the petitioner.

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Sd/JUDGE

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SR, List No.: 1 Sl No.: 29

Sri Byraveshwara Vidya Samsthe v. State of Karnataka

Case brief

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What did the court decide?

Sri Byraveshwara Vidya Samsthe v. State of Karnataka

Case brief

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