Partly allowed

G.V.K. Education Trust v. the State of Karnataka

Karnataka HC2 Dec 2024WP/21606/2024

Case brief

AI extract

What is this about?

School trust challenged a final notice to close its school for operating at an unpermitted location after unilateral shifting. The Court suspended the notice, directed filing of a fresh application with documents on the IT portal within ten days, and required the DDPI to decide it within fifteen days.

What did the court decide?

Final notice dated 05.08.2024 suspended; time granted to file prescribed application by 13.12.2024; DDPI to decide within fifteen days.

G.V.K. Education Trust Vs the State of Karnataka — Education and Admissions | Karnataka HC (2024)

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1 - NC: 2024:KHC:50703 WP No. 21606 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 21606 OF 2024 (EDN-RES)

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BETWEEN:

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G.V.K. EDUCATION TRUST, ARISE AWAKE PUBLIC SCHOOL, REPRESENTED BY ITS SECRETARY, SRI. GIRISHA H.V., S/O LATE H.P. NINGAPPA, AGED ABOUT 64 YEARS, PLOT NO.2, 1^ST CROSS, NEAR GANAPATHY TEMPLE, TELECOM LAYOUT, SUNKADAKATTE, PIPE LINE ROAD, VISHWANEEDAM POST , BENGALURU 560 091

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…PETITIONER

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(BY SRI. NARASIMHARAJU, ADVOCATE)

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY (HIGH SCHOOL), M.S. BUILDING, BENGALURU 560 001.

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DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (D.D.P.I.), BENGALURU NORTH I,

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NC: 2024:KHC:50703 WP No. 21606 of 2024

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BENGALURU 560 002.

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THE BLOCK EDUCATION OFFICER (B.E.O.), BENGALURU NORTH ZONE I, BENGALURU 560 002

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…RESPONDENTS

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(BY SMT. R.K. PRATHIBHA, AGA)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FINAL NOTICE DATED. 05.08.2024 ISSUED BY THE R-3 VIDE BEARING NO. C10 KHA.SCHOOL.01/2024-25 AS PER ANNEXURE-A AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioner is before this Court seeking for following reliefs:

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"a. Issue the writ of CERTIORARI quashing the final notice dt.05-08-2024 issued by the 3rd Respondent vide bearing No.C10 KHA.SCHOOL.01/2024-25 as per ANNEXURE-A; b. To issue such other writ, order or directions as may be deemed fit to issue in the circumstances of this case including an order as to cost in the interest of justice & equity."

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The petitioner is before this Court allegedly

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aggrieved by final notice issued by respondent

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No.3 calling upon the petitioner to close the

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3 - NC: 2024:KHC:50703 WP No. 21606 of 2024

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school being run in a different location than that, which was permitted while granting the permission.

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The submission of the Sri.Narasimharaju, learned counsel for the petitioner is that the petitioner has submitted a letter on 15.04.2024 at Annexure-D, followed by letters dated 03.05.2024 at Annexure-F and 09.05.2024 at Annexure-G as regards shifting the school. Since the said representations having not been acted upon, the petitioner shifted the school on account of the earlier building being in a dilapidated condition.

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A perusal of the representations which are indicated above at Annexures-D, F and G would not indicate the same to be in compliance with a requirement of law or either is the application made in the prescribed format nor are any, documents which are required to be submitted

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4 - NC: 2024:KHC:50703 WP No. 21606 of 2024

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along with these representations. Be that as it may, even if the petitioner was aggrieved by the representations not being considered, it was for petitioner to avail of legal remedies instead of unilaterally shifting the school on its own. However, taking into consideration, the school has already been shifted and if the petitioner were to be in compliance with all the requirements, the education of the students ought not to be effected. The relief sought for in above petition are moulded and as such, I pass the following:

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ORDER

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i. The writ petition is allowed in part.

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ii. The operation of the final notice dated 05.08.2024 issued by respondent No.3 at Annexure-A is suspended for now.

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5 - NC: 2024:KHC:50703 WP No. 21606 of 2024

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iii. Petitioner is granted ten days’ time to file necessary application in the prescribed format accompanied by all the necessary documents on the I.T. Portal. If the said upload is made by end of the day 13.12.2024, Respondent No.2-DDPI is directed to considered the same within a period of fifteen days' thereafter, i.e., by end of the day 31.12.2024 and pass necessary orders.

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iv. In this regard respondent No.2 is directed to open the portal to enable the petitioner to do the needful on 13.12.2024.

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v. In the event of the petitioner not uploading the necessary application and or the documents by end of the day 13.12.2024, the suspended final

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6 - NC: 2024:KHC:50703 WP No. 21606 of 2024

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notice dated 05.08.2024 would stand reinstated enabling the respondents to take action in pursuance of the Final notice dated 05.08.2024 at Annexure -A.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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TMP List No.: 1 Sl No.: 0

G.V.K. Education Trust v. the State of Karnataka

Case brief

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G.V.K. Education Trust v. the State of Karnataka

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