Karnataka High Court
Velangani Education Society vs The State Of Karnataka on 10 February, 2017
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 10TH DAY OF FEBRUARY 2017
BEFORE
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
WRIT PETITION NO.29920 OF 2016 (EDN, REG-P)
Between:
Velangani Education Society
Registered under the
Karnataka Societies Registration Act, 1960
Represented by its President
Sri K.A. Prasad
Aged about 73 years
Office at Siddeshwar Park, Vidyanagar
Hubballi - 580 031
...Petitioner
(by Shri D.L. Ladkhan, Advocate)
And:
1. The State of Karnataka
By its Secretary to Government
Primary and Secondary Education
M.S. Building
Dr. Ambedkar Veedhi
Bangalore - 560 001
2. The Additional Commissioner for Education
Department of Public Instructions
Commissionerate Office
Rodda Road
Dharwad - 580 008
2
3. The Additional Director
Department of Public Instructions
Commissionerate Office
Rodda Road
Dharwad - 580 008
4. The Deputy Director of Public Instructions
Department of Public Instructions
Hubballi - 577 623
5. The Block Education Officer
Department of Public Instructions
Hubballi - 577 623
...Respondents
(by Smt. K. Vidyavathi, AGA for R1 to R5)
This writ Petition is filed under Articles 226 and 227 of the
Constitution of India praying to quash the notification dated
11.11.2014 passed by R1 at Annexure-K; quash the
corrigendum dated 02.05.2015 passed by R1 at Annexure-L;
quash the impugned order dated 19.03.2016 passed by R2 at
Annexure-G; and etc.
This writ petition coming on for preliminary hearing 'B'
group, this day, the Court made the following:
ORDER
The petitioner institution was given permission to commence the classes for 1st to 5th standard beginning from the academic year 2015-16 for the 1st standard and likewise for the 2nd, 3rd, 4th and 5th standards in the academic year 2016-17, 2017-18, 2018-19 and 2019-20 respectively as per permission 3 Annexure-F dated 10/17th June 2015 and accordingly classes were commenced. Thereafter, the respondents have issued Annexure-G dated 19th March 2016 cancelling grant to the school.
2. The learned counsel appearing for the petitioner submits that the impugned action of cancelling the grant is contrary to Section 34(2) of the Karnataka Education Act, 1983. He submits that sub-section (2) requires that there shall be an opportunity provided to the petitioner before passing cancellation order and hence the order is a nullity in the eye of law. Secondly, with regard to the possession of one acre of land by the petitioner-institution, the learned counsel for the petitioner submits that this Court in Writ Petition No.55713 of 2014 BETWEEN KARNATAKA STATE PRIVATE SCHOOL MANAGEMENTS FEDERATION v. STATE OF KARNATAKA AND OTHERS disposed of on 3rd December 2015 has directed the respondent-authorities therein that if the playground which each of the schools suggest is accessible for the children of the particular schools at a reasonable distance, the respondents shall keep the same in 4 view and not insist on each of the schools possessing their own playground measuring half an acre of one acre.
3. The learned Additional Government Advocate submits to dismiss the petition. She submits that the petitioner has alternative remedy available under Section 130 of the Karnataka Education Act and it can avail the same.
4. Heard both. The permission was granted to the petitioner-institution and it commenced the classes. When such permission has to be granted, it is presumed that the respondent is expected to examine and satisfy itself as to the infrastructure of the school to which permission is to be granted. Thus the presumption goes in favour of the petitioner. Hence, the cancellation of grant should have been preceded by issuance of notice. Since the same is not forthcoming in the present case, I find an error on the part of the respondent-authorities. Hence, the following:
ORDER
1. The Order Annexure-G dated 19th March 2016 is to be treated as show-cause notice issued to the 5 petitioner. The petitioner-institution has to make reply to the said show-cause notice within a period of four weeks. All contentions are kept open. Liberty is also reserved to the petitioner to take defence, viz. with regard to the requirement of having land, etc.; and
2. If such a reply is made along with supportive documents, the respondent-authorities is directed to pass appropriate order at the earliest in any event not later than three months thereafter. If at all for any reason, the respondent-authorities takes the ground of possessing one acre of land by the petitioner-institution, the petitioner is permitted to produce the judgment in the case of KARNATAKA STATE PRIVATE SCHOOL MANAGEMENTS FEDERATION (Supra) to the respondent-authorities.
With the above observations and directions, the petition stand disposed of.
Sd/-
JUDGE lnn