Disposed

The Executive Committee v. Deputy Director Public Instructions

Karnataka HC20 Feb 2024WP/4430/2024

Case brief

AI extract

What is this about?

This order in a writ petition challenges the rejection of school recognition renewal for classes 9th and 10th. The High Court directed the respondent's subordinate authority to conclude pending appeal proceedings expeditiously within two weeks, provided the petitioner cooperates.

What did the court decide?

Directed respondent no.2 to conclude pending appeal proceedings within two weeks of receipt of this order if petitioner cooperates.

The Executive Committee Vs Deputy Director Public… — Education and Admissions | Karnataka HC (2024)

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1 - NC: 2024:KHC:7168 WP No. 4430 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO. 4430 OF 2024 (EDN-RES)

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BETWEEN:

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THE EXECUTIVE COMMITTEE, THE MUSLIM ORPHANAGE, NO.43, DICKENSON ROAD, BANGALORE-560 042, REP BY ITS SECRETARY.

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…PETITIONER

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[BY SRI BILAL AHMED TURKI, ADVOCATE FOR SRI NAVEED AHMED, ADVOCATE (PH)]

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AND:

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DEPUTY DIRECTOR PUBLIC INSTRUCTIONS, BANGALORE NORTH, NRUPATHUNGA ROAD, BANGALORE-560 002.

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…RESPONDENT

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

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[BY SRI PRINCE ISAAC, AGA (PH)]

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION ON INDIA, PRAYING TO QUASH THE IMPUGNED REJECTION DATED 11/11/2023 AND 14/12/2023 ISSUED BY THE RESPONDENT VIDE ANNEXURE - E AND H RESPECTIVELY.

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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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NC: 2024:KHC:7168 WP No. 4430 of 2024

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ORDER

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This writ petition is filed seeking for following reliefs:

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a) Issue writ in the nature of certiorari quashing the impugned rejection dated 11.11.2023 and 14.12.2023 issued by the respondent vide Annexure-E and H respectively etc.

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Sri Bilal Ahmed Turki, learned counsel appearing for Sri Naveed Ahamed, counsel for petitioner submitted that petitioner school had obtained recognition from Deputy Director of Public Instructions - respondent no.1 to run school for 1^st to 8^th Standards and later on for 9^th and 10^th Standards under order dated 28.07.2018. In pursuance of same, petitioner had admitted about 400 students. It was submitted that recognition so granted was renewed till academic year 2022-23. Later on a complaint by some strangers alleging that petitioner had closed Grant-in-Aid school and established new English Medium School under name and style as "Knowledgewood Public School", respondents had sought to withdraw recognition. It was submitted that based on said complaint, without following due process, order dated 06.05.2023 was passed withdrawing recognition. Same was challenged in W.P.no.11262/2023, wherein this Court set aside order remitted matter back to Director of Secondary Education for reconsideration.

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NC: 2024:KHC:7168 WP No. 4430 of 2024

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It is submitted that during pendency of proceedings before Director, since next academic year was ensuing, petitioner submitted application before respondent no.1 for renewal. It is submitted that as per online status, said application is shown 'rejected' as per Annexures-E and H respectively. It is submitted that since appeal was not disposed as per direction in earlier writ petition, petitioner was unable to upload particulars of students in SATS and facing severe hardship. It was submitted that impugned orders were cryptic without assigning any reasons nor affording opportunity of hearing. Under such circumstances, sought for allowing writ petition.

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On other hand, learned AGA appearing for respondents sought to oppose writ petition. It was submitted withdrawal of recognition was only in respect of 9^th and 10^th Standards, but not 1^st to 10^th Standard. It was submitted that insofar as 9^th and 10^th Standards appeal was already pending before respondent no.2. It was submitted that there was renewal of recognition insofar as 1^st to 8^th Standards and if petitioner cooperates, respondent no.2 would hear and dispose matter as expeditiously as possible and in case petitioner

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NC: 2024:KHC:7168 WP No. 4430 of 2024

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succeeds in appeal, impugned orders at Annexures-E and H

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would automatically reconsidered.

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Heard learned counsel and perused writ petition record.

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From above submission and in view of pendency of proceedings before respondent no.2 in pursuance of direction issued by this Court in W.P.no.11262/2023 and to consider application and preventing petitioner from uploading particulars of students under SATS was only on account of pendency of appeal, it would be appropriate to dispose of writ petition by directing respondent no.2 to conclude proceedings as expeditiously as possible within two weeks from date of receipt of certified copy of this order and petitioner to co-operate for same.

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It is clarified in case respondent no.2 is unable to conclude proceedings within two weeks on any ground other than non-cooperation of petitioner, respondent would not participate matter against petitioner.

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PSG

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Sd/JUDGE

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List No.: 1 Sl No.: 52

The Executive Committee v. Deputy Director Public Instructions

Case brief

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The Executive Committee v. Deputy Director Public Instructions

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