Allowed

Denadhama Shree Keshava Vidya Samsthe (Reg) v. State of Karnataka

Karnataka HC11 Nov 2024WP/25612/2024

Case brief

AI extract

What is this about?

This is a preliminary hearing order in a writ petition filed by an SC/ST educational society seeking grant-in-aid. The petitioner complained that the application for grant-in-aid remained pending without action despite approaching the academic year. The High Court directed the respondent authority to consider the application within 30 days.

What did the court decide?

Mandamus to consider the representation dated 08.07.2024 within 30 days. Authority may issue notice for further documents.

Denadhama Shree Keshava Vidya Samsthe (Reg) Vs… — Education and Admissions | Karnataka HC (2024)

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1 - NC: 2024:KHC:45476 WP No. 25612 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25612 OF 2024 (EDN-GIA)

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BETWEEN:

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DENADHAMA SHREE KESHAVA VIDYA SAMSTHE (REG) VAKKODI VILLAGE, BELLAVI HOBLI, TUMKUR TALUK AND DISTRICT 572107 RETPD BY ITS SECRETARY SRI VENKATAPPA.

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…PETITIONER

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(BY SRI. K ABHINAV ANAND., ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVT, PRE UNIVERSITY EDUCATION DEPARTMENT M S BUILDING,

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BENGALURU 560 001.

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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THE DIRECTOR PRE UNIVERSITY EDUCATION DEPARTMENT 18^TH CROSS, MALLESHWARAM BENGALURU 560 001.

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS PRE UNIVERSITY EDUCATIONS BIDAR DISTRICT, BIDAR 585 327.

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…RESPONDENTS

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(BY SMT. PRATHIBHA R.K, AGA)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 THROUGH ISSUANCE OF A WRIT OF MANDAMUS TO ACCORD

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2 - NC: 2024:KHC:45476 WP No. 25612 of 2024

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GRANT-IN-AID FACILITY TO THE PETITIONER SOCIETY ON PAR WITH OTHER SCHEDULED CASTES MANAGEMENTS EDUCATIONAL INSTITUTIONS, TO RUN THE PUC AT TRIPURANTHA VILLAGE IN BASAVAKALYANA TALUK OF BIDAR DISTRICT.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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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Learned Additional Government Advocate accepts notice for respondent Nos.1 to 3.

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The petitioner claims to be a Society established for providing educational facilities to persons belonging to the Scheduled Castes and Scheduled Tribes and other backward classes.

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The petitioner applied for and obtained permission to start Pre-University College from the year 1993-94 and from then onwards has been providing such education, which permission has been renewed from time to time. Respondent No.1 had issued Notification on 20.02.2024 indicating that grant-in-aid facility would be granted to

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3 - NC: 2024:KHC:45476 WP No. 25612 of 2024

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private educational society and it is further stated that the petitioner made an application on 08.07.2024.

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The grievance of the petitioner is that despite the same having been pending from the last several months, no action has been taken on the said representation, more so, when the students are required to be admitted, salary would have to be paid for the teachers for the academic year.

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Whenever a representation is submitted to any authority, it is required that the said authority should either accept the representation made by passing favourable order or reject the same. Needless to state that rejection order has to be accompanied by reasons. In the present petition, neither has been done.

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In that view of the matter, I pass the following:

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:: ORDER ::

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i) The Writ petition is allowed .

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ii) Mandamus is issued directing respondent No.1 to consider the representation dated 08.07.2024

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4 - NC: 2024:KHC:45476 WP No. 25612 of 2024

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within a period of 30 days from the date of receipt of a certified copy of this order.

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iii) In the event, respondent No.1 is of the opinion that if any further documents are required, respondent No.1 can always issue notice to the petitioner to make available such documents.

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SD/(SURAJ GOVINDARAJ) JUDGE

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BMC List No.: 1 Sl No.: 41

Denadhama Shree Keshava Vidya Samsthe (Reg) v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Denadhama Shree Keshava Vidya Samsthe (Reg) v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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