Allowed

Shree Devi Educational Trust v. State of Karnataka

Karnataka HC8 Feb 2024WP/2523/2024

Case brief

AI extract

What is this about?

Rejection of permission to commence an educational institution on grounds that a fire safety certificate was not in the management's name is arbitrary, since such certificate relates to the building. In KIADB-formed industrial areas, the Board, not the local authority, sanctions building plans under the self-contained KIAD Act code. Mere pendency of litigation over land does not justify rejection absent an interim order barring consideration. Quashed the impugned appellate order and directed respondents to consider the applications for academic year 2024-25 within four weeks.

What did the court decide?

Impugned order at Annexure-A1 quashed; respondents directed to decide petitioner's applications (Annexures T & X) for academic year 2024-25 within four weeks.

Shree Devi Educational Trust Vs State of Karnataka — Education and Admissions | Karnataka HC (2024)

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1 - NC: 2024:KHC:5471 WP No. 2523 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF FEBRUARY, 2024 BEFORE

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THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO. 2523 OF 2024 (EDN-RES)

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BETWEEN:

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SHREE DEVI EDUCATIONAL TRUST A TRUST DULY REGISTERED AND HAVING ITS OFFICE AT 18/1, GROUND FLOOR, 13TH CROSS, VASANTHNAGAR, BENGALURU-560001 REP. BY ITS POWER OF ATTORNEY SRI SANJAY L, S/O LAKSHMAN RAO, AGED ABOUT 48 YEARS.

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…PETITIONER

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(BY SRI L.M. CHIDANANDAYYA, ADVOCATE)

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AND:

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STATE OF KARNATAKA REP. BY ITS SECRETARY TO THE DEPARTMENT OF PUBLIC INSTRUCTIONS, VIKAS SOUDHA, BENGALURU-560001.

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Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka

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THE COMMISSIONER OF PUBLIC INSTRUCTIONS FOR THE STATE OF KARNATAKA, OFFICE OF THE COMMISSIONER FOR PUBLIC INSTRUCTION, NEW PUBLIC OFFICE, NEAR RBI, NRUPATHUNGA ROAD, AMBEDKAR VEEDHI, M. SAMPANGI RAMA NAGARA, BENGALURU-560001.

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DEPARTMENT OF PUBLIC INSTRUCTIONS, DR. SARVEPALLI RADHAKRISHNA ROAD, S.S.PURAM, TUMAKURU (SOUTH) TUMAKURU-572102.

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…RESPONDENTS

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(BY SRI PRINCE ISSAC, AGA)

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THIS WRIT PETITION IS FILED UDNER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO i) CALL FOR THE RECORDS FROM THE R2 WHICH ULTIMATELY RESULTED IN PASSING

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NC: 2024:KHC:5471 WP No. 2523 of 2024

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THE IMPUGNED ORDER AT ANNEXURE-A DATED 07/09/2023 BEARING NO. ANU/2HO/PRSHA/ANUMATHI/19/23-24, 22-23. ii) QUASH THE ORDER AT ANNEXURE-A DATED 07/09/2023 PASSED BY R3 BEARING NO. ANU/2HO/PRSHA/ANUMATHI/19/23-24, 22-23 REJECTING APPLICATION FILED BY PETITIONER FOR COMMENCING THE EDUCATIONAL INSTITUTION IN PLOT NO. 93A SITUATED IN ANTHASARANAHALLI INDUSTRIAL AREA, TUMUKUR-TALUK AND DISTRICT FORMED IN SURVEY NO. 6 OF ANTHASARANAHALLI VILLAGE, TUMAKURU TALUK AND DISTRIT. iii) QUASH THE ORDER DATED 16/01/2024 VIDE ANNX-A1 PASSED BY THE R2 IN APPEAL NO. 32/2023. iv) DIRECTING THE R3 TO REGISTER THE PETITIONER UNDER THE PROVISIONS OF THE KARNATAKA EDUCATION (CLASSIFICATION AND REGISTRATION) RULES, 1997 AND GRANT PERMISSION FOR STARTING AN EDUCATIONAL INSTITUTION FOR THE ACADEMIC YEAR 2023-24 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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ORDER

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This writ is filed for following reliefs:

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" i) Call for the records from the 2^nd Respondent which ultimately resulted in passing the impugned order at ANNEXURE-A dated 07.09.2023 bearing No.ANU/2HO/PRSHA/Anumathi/19/23-24, 22-23

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ii) ISSUE an order, direction writ in nature of certiorari, quashing the order at ANNEXURE-A dated 07.09.2023 passed by 3^rd Respondent bearing NoAN/@HO/PRSHA/Anumathi/19/23-24, 22-23 rejecting application filed by petitioner for commencing the educational institution in plot No.93A situated in Anthasaranahalli Industrial Area, Tumukur Taluk & District formed in Survey No.6 of Anthasaranahalli village, Tumakuru Taluk and District.

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iii) ISSUE an order, direction, writ in the nature of Certiorari, quashing order dated 16.01.2024 vide Annexure-A1 passed by 2^nd respondent in Appeal no.32/2023;

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iv) ISSUE an order, direction, writ in he nature of Mandamus, directing the 3^rd respondents to register the Petitioner under the provisions of the Karnataka

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3 - NC: 2024:KHC:5471 WP No. 2523 of 2024

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Education (Classification and Registration) Rules, 1997 and grant permission for starting an Educational Institution for the academic year 2023-2024; and etc."

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Sri L.M. Chidanandayya, learned counsel for petitioner submitted that under impugned order at Annexure-A dated 07.09.2023, respondent no.3 - DDPI had rejected petitioner's application for permission to start primary school for 1^st to 8^th Standards, at plot no.93 and 93A of Anthasaranahalli Industrial Area, Tumakuru Taluk & District. It was submitted that prior to order impugned, on consideration of petitioner's application at Annexure - T submitted on 04.03.2023, respondent no.3 had passed order at Annexure-U on 11.05.2023. Reasons mentioned for rejection was as under:

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"As per Govt. Order ED76PGC2022, Dated 14.10.2022, Fire Safety Compliance certificate is not given in the name of school/Management, Playground is not developed, Compound wall is not completely captured, Building completion certificate is not approved by Local Authority, he school proposal land is having dispute in High Court wp22754/21 and RFA No.640/22 is not cleared, So he proposal is rejected."

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Against said order, petitioner preferred appeal as per Annexure - V, wherein respondent no.2 on consideration, passed orders on 14.08.2023 as per Annexure - W, set-aside order of rejection and permitting petitioner to re-upload application with direction to respondent no.3 to consider same.

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NC: 2024:KHC:5471 WP No. 2523 of 2024

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Said order also included observations about petitioner's explanation which required consideration. It was submitted thereafter when petitioner re-uploaded application on 19.08.2023 as per Annexure-X, under impugned order at Annexure-A was passed for rejection by reiterating very same reasons as in earlier order dated 11.05.2023. It was submitted that sanction plan at Annexure-G and Commencement and Completion Certificates at Annexures-K and N respectively were issued much prior to filing of application at Annexure-T. Therefore, reason assigned by respondent no.2 for dismissing appeal under order at Annexure-A1 that sanctioned plan was issued by KIADB on 23.12.2023 and Fire Safety Certificate was issued on 14.09.2023, after passing of order by respondent no.3 on 07.09.2023, would be untenable. Thus, neither original authority nor appellate authority while passing orders at Annexure-A and Annexure-A1 had considered documents submitted by petitioner. Without taking note of observations made by appellate authority earlier had failed to assign proper reasons and therefore sought for quashing same.

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On other hand, learned AGA appearing for

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respondents sought to oppose writ petition. It was submitted

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NC: 2024:KHC:5471 WP No. 2523 of 2024

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that in view of production of fire safety certificate dated 14.09.2023 and sanctioned plan dated 23.12.2023 by petitioner before Appellate Authority for first time, petitioner would be required to submit same for academic year 2024-25 as said documents were not in existence while filing application for previous academic year.

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Heard learned counsel and perused writ petition

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record.

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From above submission, it is seen that only reason assigned for rejection of petitioner's application for grant of permission for starting school is fire safety certificate not issued in name of management of school; building permission and completion certificate was not approved by local authority and dispute regarding proposed land i.e., plot no.93 and 93A was pending before this Court in W.P.no.22754/2021 and RFA no.640/2022.

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First ground does not appeal to reason when fire safety certificate is issued in respect of building, it would not be a material factor whether this certificate is in name of Management of petitioner's school or otherwise. Therefore said reason would be arbitrary.

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NC: 2024:KHC:5471 WP No. 2523 of 2024

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Regarding second reason, this Court in

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W.P.no.45824/2015 ( Qualcomm India Pvt. Ltd., Vs. Bruhat Bangalore Mahanagara Palike & Anr ), disposed of on 16.02.2022 has held that in respect of construction in an industrial area formed by KIADB, BBMP - local authority therein had no authority to issue notice regarding unauthorized construction and on finding that provisions of KIAD Act were self contained Code held that Section 34 and 34A read with Section 16 of KIADB Regulations authorized Board to sanction building permission, therefore said reason would be contrary to law.

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Insofar as pendency of dispute regarding land before this Court, perusal of order passed by Appellate Authority at Annexure-W would indicate that Appellate Authority on earlier occasion had noted that relief sought for in pending writ petition was for higher compensation which would not affect allotment of plot in favour of petitioner.

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Insofar as pendency of RFA no.640/2022, mere pendency would not and ought not to come in way unless there was any interim order which would prevent consideration of application. Such reason would not be justified in view of

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NC: 2024:KHC:5471 WP No. 2523 of 2024

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decision of this Court in case of Syed Moosa Vs. Director,

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Directoral of Municipal Administration, Bengaluru¹ .

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In view of above, even if petitioner produced Fire Safety Certificate dated 14.09.2023 and Building Sanction Plan dated 23.12.2023, which were subsequent, they would be superfluous and respondent would not be justified in rejecting application on above grounds. Taking note fact that academic year 2023-24 is almost complete, respondent is directed to consider application of petitioner for grant of permission for academic year 2024-25.

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In view of above, writ petition is allowed, impugned order at Annexure - A1 stands quashed, respondent to pass orders on petitioners' applications Annexure T & X for academic year 2024-25 at within a period of four weeks from date of receipt of certified copy of this order.

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Sd/JUDGE

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Psg*

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1AIR OnLine 2023 KAR 931

Shree Devi Educational Trust v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Shree Devi Educational Trust v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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