Karnataka High Court
Master Mukhesh Varma Muppala vs State Of Karnataka on 22 August, 2022
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 22ND DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION No.15878 OF 2022(EDN-RES)
BETWEEN:
1. MASTER MUKHESH VARMA MUPPALA
S/O M JAGAN MOHAN RAJU
AGED 17 YEARS
2. M JAGAN MOHAN RAJU
AGED 45 YEARS
S/O M KRISHNAM RAJU
BOTH PETITIONER 1 & 2 RESIDING AT
R/AT NO. 506, 6TH CROSS ROAD,
HRBR 2ND BLOCK, KALYANAGAR
BANGALORE - 560043
PETITIONER NO.1 BEING MINOR IS
REPRESENTED BY PETITIONER NO.2
...PETITIONERS
(BY SRI. B.V. RAVISHANKER., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP BY ITS SECRETARY
DEPARTMENT OF PRIMARY AND SECONDARY DUCATION
M S BUILDING
BANGALORE - 560 001.
2. COMMISSIONER
DEPARTMENT OF DIRECTOR OF PUBLIC INSTRUCTIONS
NRUPATUNGA ROAD
BENGALURU - 560001
3. DIRECTOR OF PUBLIC INSTRUCTIONS
(PRIMARY AND SECONDARY EDUCATION)
OFFICE OF COMMISSIONER OF PUBLIC INSTRUCTIONS
NRUPATHUNGA ROAD
BENGALURU - 560001.
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4. KARNATAKA STATE COMMISSION FOR PROTECTION OF
CHILD RIGHTS, REP BY ITS CHAIRPERSON
4TH FLOOR, KRISHI BHAVAN
NEAR HUDSON CIRCLE , NRUPATHUNGA ROAD
AMBEDKAR VEEDHI
SAMPANGI RAMA NAGAR BENGALURU
KARNATAKA - 560 002.
5. NATIONAL COMMISSION
FOR PROTECTION OF CHILD RIGHTS
5TH FLOOR, CHANDERLOK BUILDING
36 JANPATH NEW DELHI - 110 001
REP BY ITS CHAIRMAN.
6. THE COUNCIL FOR INDIAN SCHOOL
CERTIFICATE EXAMINATIONS
PRAGATI HOUSE 3RD FLOOR
47-48, NEHRU PLACE, NEW DELHI - 110 019
REP BY ITS CHAIRMAN.
7. THE CHAIRMAN, THE COUNCIL FOR INDIAN SCHOOL
CERTIFICATE EXAMINATIONS
PRAGATI HOUSE 3RD FLOOR
47-48, NEHRU PLACE
NEW DELHI - 110 019.
8. THE PRINCIPAL OFFICER
THE COUNCIL FOR INDIAN SCHOOL
CERTIFICATE EXAMINATIONS
PRAGATI HOUSE, 3RD FLOOR
47-48, NEHRU PLACE
NEW DELHI - 110 019.
9. THE PRINCIPAL
VIDYASHILP ACADEMY
NITTE MEENAKSHI COLLEGE ROAD
BSF CAMPUS, YELAHANKA
BANGALORE - 560064
...RESPONDENTS
(BY SMT. H.V. KAVITHA., HCGP FOR R-1 TO R-4
SRI. CHANDAN., ADVOCATE FOR R-9)
THIS W.P. IS FILED UNDER ARTICLES 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R9 TO
CONSIDER THE REPRESENTATION OF THE PETITIONER NO.2
AND PERMIT THE PETITIONER NO.1 TO ATTEND THE COURSE
OF A LEVEL (12TH STANDARD) AT ANNEXURE-H DTD 21.7.2022.
THIS W.P. COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:-
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ORDER
In this petition, the petitioner has sought for the following reliefs:
"(i) To issue a writ of mandamus directing the respondent No.9 to consider the representation of the petitioner No.2 and permit the petitioner No.1 to attend the course of A Level (12th Standard) at Annexure-H dated 21.07.2022.
(ii) Prohibit the respondent No.9 from debarring, discontinuing the education of the petitioner No.1 of expelling him from A Level (12th Standard) during the present academic year.
(iii) Grant such other reliefs this Hon'ble Court deems to think fit in the present facts and circumstances."
2. Heard learned counsel for the petitioners and learned HCGP for respondent Nos.1 to 4 and learned counsel for respondent No.5 and perused the material on record.
3. Learned counsel for respondent No.9 has filed Statement of Objections denying and disputing the various contentions put forth by the petitioners. At paragraph No.4- vii(g) of the Statement of Objections, respondent No.9 has undertaken and stated as follows:
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"4-vii(g). It is hereby submitted that, Petitioner No.1 was also provided the same option, however as the parents insisted to continue Petitioner No.1 in the school, Respondent No.9 expressed its willingness to allow Petitioner No.1 to take exams as a Private Candidate and that the teachers of Respondent No.9 would provide complete support to Petitioner No.1 in his studies. It is further represented that, Respondent No.9 School has an online portal by name www.vidyashilp.brightspace.com and during the class hours the respective subject teachers' google meet id will be shared for the online classes. The above facility is provided for the Petitioner No.1 so that he will not lose a year and at the same time Respondent No.9 can also ward off all apprehensions of other students in the School."
4. In view of the aforesaid undertaking given on behalf of respondent No.9-Institution that it would allow petitioner No.1 to attend the classes online as stated at paragraph 4-vii(g) of the Statement of Objections, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing respondent No.9-Institution to permit petitioner No.1 to attend classes via video conferencing/online as stated in paragraph No.4-vii(g) of 5 the Statement of Objections and also permit him to take up Board Examinations by appearing physically in respondent No.9-Institution.
Petitioner No.1-student also undertakes to not to create any problem/inconvenience for respondent No.9- Institution, students etc., at the time taking up Board Examinations by being physically present and/or when attending classes via video conferencing/online.
With the aforesaid observations and directions, the petition stands disposed of.
Sd/-
JUDGE Bmc