Disposed

Sri. Basavarajendra High School v. the State of Karnataka

Karnataka HC17 Dec 2024WP/34276/2024

Case brief

AI extract

What is this about?

A school challenged rejection of its application for grant of recognition by the Deputy Director of Public Instruction, Hassan. The court directed the Director of School Education to pass necessary orders within thirty days and restrained coercive steps until then.

What did the court decide?

Director of School Education to pass orders on recognition within thirty days; no coercive steps against petitioner till then.

Sri. Basavarajendra High School Vs the State of… — Education and Admissions | Karnataka HC (2024)

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1 - NC: 2024:KHC:52203 WP No. 34276 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.34276 OF 2024 (EDN-RES)

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BETWEEN:

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SRI BASAVARAJENDRA HIGH SCHOOL ARASIKERE UNDER THE MANAGEMENT OF SREE YALANADU JAGADGURU EDUCATION SOCIETY (REGISTERED UNDER MYSORE SOCIETIES REGISTRATION ACT, 1960), ARASIKERE HASSAN-573 103

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REPRESENTED BY ITS SECRETARY.

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…PETITIONER

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(BY SRI VINAYAKA B. VISHNU BATTA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF SCHOOL EDUCATION AND LITERACY REPRESENTED BY ITS PRINCIPAL SECRETARY M.S. BUILDING, AMBEDKAR VEEDHI BENGALURU-560 001.

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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THE COMMISSIONER FOR SCHOOL EDUCATION COMMISSIONER'S OFFICE DEPARTMENT OF EDUCATION NRUPATUNGA ROAD BENGALURU-560 001.

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THE DIRECTOR OF SCHOOL EDUCATION SECONDARY EDUCATION NRUPATUNGA ROAD BENGALURU-560 001.

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION HASSAN DISTRICT HASSAN-573 201. …RESPONDENTS

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(BY SRI YOGESH D. NAIK, ADVOCATE)

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2 - NC: 2024:KHC:52203 WP No. 34276 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMMUNICATION DATED 14.11.2024 BEARING NO.ANU2.U.NYA.PRA130/2023-24 PASSED BY RESPONDENT NO.4THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION, HASSAN, VIDE (ANNEXURE-A), AND ETC.

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THIS WRIT PETITION IS 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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The petitioner is before this Court seeking for the following reliefs:

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(a) Issue a Writ of Certiorari quashing the Communication dated 14.11.2024 bearing No.ANU2:U.NYA.PRA130/2023-24 passed by the 4^th respondent-The Deputy Director of Public Instruction, Hassan vide (Annexure-A).

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(b) Issue a Writ of Mandamus directing the Respondent Authorities to renew the recognition of the Petitioner School as expeditiously as possible.

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(c) Issue such other Writs or Orders or Directions as deemed fit and necessary in facts and circumstances of the case in the interest of justice and equity.

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Grievance of the petitioner before this Court is that respondent No.4-The Deputy Director of Public Instruction has rejected an application filed by the petitioner for grant of recognition of the School.

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The petitioner had earlier approached this Court in Writ Petition No.28383 of 2023 (EDN-REG) which came to disposed by order dated 30^th August 2024 whereunder, the earlier order

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3 - NC: 2024:KHC:52203 WP No. 34276 of 2024

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which had been passed by respondent No.3 therein, i.e. the Director of School Education, was set aside; the Director having cancelled the recognition of the petitioner on the ground that sufficient facilities were not available, this Court vide aforesaid order, remitted the matter back to respondent No.3 for re-consideration, after conducting joint inspection in the presence of the petitioner and providing an opportunity to the petitioner to place all the necessary documents on record.

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It is rather shocking that once such an order had been passed by this Court, the petitioner had once again filed an application for grant of recognition. When the aspect of recognition was pending consideration before respondent No.3, there was no need for the petitioner to file a separate application. Be that as it may, respondent No.3 is yet to pass orders.

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In that view of the matter, respondent No.3 is directed to pass necessary orders within thirty days from today and until then, not to take any coercive steps against the petitioner.

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Petition stands disposed of in terms of the above.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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KVK

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List No.: 2 Sl No.: 8

Sri. Basavarajendra High School v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Basavarajendra High School v. the State of Karnataka

Case brief

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