Karnataka High Court
Associated Managements Of Primary And ... vs State Of Karnataka on 14 September, 2020
Author: P.B.Bajanthri
Bench: P.B. Bajanthri
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF SEPTEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE P.B. BAJANTHRI
WRIT PETITION NO. 9855/2020 (EDN-RES)
BETWEEN:
ASSOCIATED MANAGEMENTS OF PRIMARY AND
SECONDARY SCHOOLS IN KARNATAKA (KAMS)
REGD OFFICE-MSR MAIN ROAD, MATHIKERE
BANGALORE - 560 054 REPRESENTED BY ITS
GENERAL SECRETARY SRI D.SHASHI KUMAR,
AGED 50 YEARS S/O SHRI DEVAPPA GOWDA
... PETITIONER
(BY SRI. G.R. MOHAN, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ITS CHIEF SECRETARY
VIDHANASOUDHA
BENGALURU - 560 001
2. STATE OF KARNATAKA
DEPARTMENT OF PRIMARY AND HIGHER
SECONDARY EDUCATION
MS BUILDING DR AMBEDKAR ROAD
BANGALORE - 560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY
3. THE COMMISSIONER
DEPARTMENT OF PUBLIC INSTRUCTIONS
K.R. CIRCLE, BANGALORE - 560 001
... RESPONDENTS
(BY SRI. T.P. SRINIVASA, AGA ACCEPT NOTICE FOR R-1 TO
R-3 (V/O DATED 14/09/2020.))
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
2
DIRECT TO THE RESPONDENTS TO CONSIDER VARIOUS
REPRESENTATIONS MADE TO THEM ESPECIALLY REQUEST
LETTER DTD 31.03.2020 AS PER ANNX-B FOR PERMITTING
THE MEMBER SCHOOLS OF THE PETITIONER ASSOCIATION
TO COLLECT FEES AS DETERMINED BY THE MEMBERS OF
THE PETITIONER ASSOCIATION FOR ACADEMIC YEAR 2020-
21 FROM THE PARENTS AND ALSO DIRECTING STATE
GOVERNMENT TO REIMBUSE FEES UNDER THE 25
PERCENT FILED IN RTE SEATS TO THE MEMBER SCHOOLS
OF THE PETITIONER ASSOCIATION FOR THE ACADEMIC
YEAR 2018-19, 2019-20 AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THROUGH VIDEO CONFERENCE, THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
Petitioner is permitted to pay Court Fee within a week from today.
2. Learned State Counsel accepts notice for R.1 to 3.
3. With the consent of the learned counsel appearing for the parties, matter is taken up for final disposal.
4. Petitioner has prayed for the following reliefs:
(A) Issue Writ of Mandamus or direction to the respondents to consider various representations made to them especially request letter dated 31-03-2020 as per Annexure 'B' for permitting the member schools of the Petitioner Association to collect 3 fees as determined by the members of the Petitioner Association for academic year 2020-
21 from the parents and also directing State Government to reimburse fees under the 25% filled in RTE seats to the member schools of the Petitioner Association for the academic year 2018-19, 2019-20;
(B) Pass such other order or orders as this Hon'ble Court may deem fit in the facts and circumstances of the case in the interest of justice and equity.
5. The grievance of the petitioner is in respect of orders of the Commissioner, Education Department dated 30.03.2020 relating to some discrepancies as regards payment of arrears of fee and for collection of fee for the current year also. In this regard, petitioner has submitted a detailed representation on 31.03.2020 (Annexure - B). The concerned respondent has not taken any decision on the petitioner's grievance. Thus, the present petition.
6. Heard the learned counsel for the parties.
7. The question for consideration relates to redressal of the petitioner's grievance addressed in 4 representation dated 31.03.2020 which is pending consideration before the respondents.
8. These are all matters relating to academic issues. Therefore, concerned respondents are hereby directed to take a decision on the petitioner's representation dated 31.03.2020 and pass a speaking order and communicate the same to the petitioner. The above exercise shall be completed within a period of 3 months from the date of receipt of this order. The speaking order be passed and communicated to the petitioner at the earliest.
Sd/-
JUDGE Brn