Writ petition by an NGO and a school alumnus seeking directions to improve Government school infrastructure and teacher-student ratio under the RTE Act, including monitoring team participation. No representation on hearing; court found no individual cause of action or referable provision for the prayer and dismissed the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO. 24938 OF 2023 (EDN-RES)
BETWEEN:
…PETITIONERS
(BY SRI TALHA ISMAIL BENGRE.,ADVOCATE)
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
AND:
(BY SRI. PRINCE ISSAC, AGA)
NC: 2024:KHC:5472 WP No. 24938 of 2023
THIS WRIT PETITION IS FILED UDNER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE TO PUT THE RESPONDENTS TO FULFIL THE NECESSITIES OF THE RTE ACT. a) ORDER TO THE RESPONDENT TO FULFILL THE NECESSITY OF TEACHER STUDENT RATIO AS PER THE RIGHT EDUCATION ACT, BY WAY OF ALLOTTING THE PERMANENT TEACHING POST TO SAID SCHOOL WITH IN TWO MONTHS PERIOD. b) ORDER TO THE RESPONDENTS TO INCREASE THE YEARLY BUDGET FOR MAINTENANCE PURPOSE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Matter was passed over and called again on afternoon
Session, there is no representation for petitioners.
NC: 2024:KHC:5472 WP No. 24938 of 2023
orders directing respondent to complete repair works. As relief sought for personally by petitioners, but in nature of probono publico petition. To a specific query whether petitioners no.1 and 2 were having individual cause of action, counsel for petitioners had sought time to secure instructions whether petitioners would be interested in pursuing writ petition or otherwise.
Dismissal of writ petition shall not come in way of respondents taking action for proper maintenance of school and other facilities at Government school in Kasba Bendre.
Sd/JUDGE
PSG
1 issue framed by the court
Whether a public interest writ petition by an NGO and an alumnus without individual cause of action could be entertained regarding school infrastructure under the RTE Act.
2 provisions across 2 enactments
CARE INDIA (NGO)
MR. SAIFULLAH BENGRE
PRINCIPAL SECRETARY TO DEPARTMENT OF PRIMARY EDUCATION GOVERNMENT OF KARNATAKA
DDPI MANGALORE
BLOCK EDUCATION OFFICER MANGALORE NORTH
RAVI V HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
