Karnataka High Court
Anjali Nair vs The Government Of Karnataka on 30 January, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2024:KHC:4084
WP No. 22282 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
WRIT PETITION NO. 22282 OF 2023 (EDN-RES)
BETWEEN:
1. ANJALI NAIR,
AGED ABOUT 20 YEARS,
D/O MR. SUNIL KUMAR KUDALLUR NAIR,
2. SUNIL KUMAR KUDALLUR NAIR,
AGED ABOUT 50 YEARS,
S/O MR. K. UNNIKRISHNAN,
BOTH ARE RESIDING AT
NO.781, 28TH MAIN ROAD,
BTM LAYOUT, 2ND STAGE,
BANGALORE - 560 076.
...PETITIONERS
[BY SRI VISHNU HEGDE, ADVOCATE (PH)]
AND:
1. THE GOVERNMENT OF KARNATAKA,
REP. BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE - 560 001.
Digitally signed by 2. THE PRINCIPAL SECRETARY,
GURURAJ D DEPARTMENT OF SCHOOL EDUCATION
Location: High AND LITERACY, 2ND GATE,
Court of Karnataka 6TH FLOOR, M.S. BUILDING,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
3. THE COMMISSIONER OF PUBLIC
INSTRUCTION FOR SCHOOL EDUCATION,
NRUPATHUNGA ROAD,
BENGALURU - 560 001.
4. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTION,
BANGALORE DISTRICT,
NRUPATHUNGA ROAD,
BENGALURU - 560 001.
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WP No. 22282 of 2023
5. THE BLOCK EDUCATIONAL OFFICER,
BANGALORE SOUTH,
NO.55/55, 9TH MAIN ROAD, KEB COLONY,
NEW GURAPPANA PALYA, BTM 1ST STAGE,
BANGALORE - 560 029.
6. M/S. EBENEZER INTERNATIONAL
SCHOOL BANGALORE,
REP. BY ITS PRINCIPAL,
SINGENA AGRAHARA ROAD,
VIA HUSKUR / A.P.M.C. YARD,
HUSKUR P.O. ELECTRONIC CITY,
BANGALORE - 560 099.
7. M/S. PRIMUS TRUST,
REP. BY ITS CHAIRMAN,
MR. JESUS SUDHIR LALL,
HAVING ITS OFFICE AT
PRIMUS PUBLIC SCHOOL,
CHIKKANAYAKANAHALLI,
OFF SARJAPURA ROAD,
BENGALURU - 560 035.
8. BLOCK EDUCATION OFFICER,
ANEKAR DIVISION,
EDUCATION DEPARTMENT,
ANEKAL TALUK, BENGALURU - 562 106.
...RESPONDENTS
(BY SMT. MAMATHA SHETTY, AGA FOR R1 TO R5 & R8;
V/O DATED 13.10.2023 NOTICE TO R6 AND R7
ARE HELD SUFFICIENT)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO (A) DIRECTION TO THE R1 TO
R5 TO CONSIDER THE REPRESENTATION DATED 14/09/2023 AND
SUBSEQUENT REPRESENTATIONS SUBMITTED BY THE PETITIONER
NO.1 I.E. ANNEXURE-M, (B) TO DIRECT THE R1 TO R5 TO CONDUCT
AN INQUIRY AND TO INITIATE NECESSARY LEGAL ACTIONS
AGAINST THE R6 AND TO DIRECT TO PROCEED TO WITHDRAW THE
RECOGNITION OF THE R6 INCLUDING TO INITIATE NECESSARY
LEGAL ACTIONS INCLUDING ACTION FOR THE OFFENCES
COMMITTED BY THE R6 AND ITS AUTHORIZED PERSONS AND (C) TO
DIRECT THE R6 AND R7 TO PAY SUITABLE EXEMPLARY
COMPENSATION TO THE PETITIONER NO.1 FOR THE ABOVE AND
UNLAWFUL ACTS AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 22282 of 2023
ORDER
This writ petition is filed seeking for following reliefs:
(A) To issue writ in the nature of Mandamus or any other direction to the respondents no.1 to 5 to consider the representation dated 14.09.2023 and subsequent representations submitted by the petitioner no.1 i.e., Annexure-M;
(B) To direct the respondents no.1 to 5 to conduct an inquiry and to initiate necessary legal actions against the respondent no.6 and to direct to proceed to withdraw the recognition of the respondent no.6 including to initiate necessary legal actions including action for the offences committed by the respondent no.6 and its authorized persons;
(C) To direct the respondents no.6 and 7 to pay suitable exemplary compensation to the petitioner no.1 for the above said unlawful acts and etc.
2. Sri Vishnu Hegde, learned counsel for petitioners at outset submitted that, though petitioner had sought various reliefs, petitioner would be satisfied if prayer (E) is considered.
3. It was submitted that petitioner no.1, at present is pursuing II Year of BA at Christ (Deemed University) Bangalore. It was submitted that she had earlier got admission in respondent no.6-School for 2 years International Baccalaureate Diploma Programme equivalent to PUC, in September, 2020. At time of admission, petitioner had handed over original Transfer Certificate, Migration Certificate and Marks Cards etc. to respondent no.6. It was submitted that -4- NC: 2024:KHC:4084 WP No. 22282 of 2023 quality of education promised at time of admission against demand for excessive fees from her were not met and consequently there was dispute regarding right to demand such exorbitant fees. It was submitted that though petitioner completed her course and got admitted to BA Course at Christ University, as petitioner was unable to submit her original testimonials to said University, as respondents no.6 and 7 were withholding same against their demand for payment of arrears of exorbitant fees. It was submitted that action of respondents no.6 and 7 in withholding original testimonials on ground of arrears of fees etc. was not justified and contrary to various decisions of this Court and on said ground sought for allowing writ petition.
4. On other hand, Smt.Mamatha Shetty, learned Additional Government Advocate appeared for respondents no.1 to 5 and 8; while respondents no.6 and 7 were served, but remain unrepresented.
5. Heard learned counsel and perused writ petition record.
6. On perusal of decisions of this Court in W.P.no.62299/2016 disposed of on 06.12.2018 and -5- NC: 2024:KHC:4084 WP No. 22282 of 2023 W.P.no.47380/2017 disposed of on 27.03.2018, it is seen that under similar circumstances of withholding original Marks Cards etc. by Educational Institutions claiming to exercise lien against arrears of fees etc., this Court held that such action to be unjustified and reserving liberty to Institution to recover its dues in manner known to law and directed Educational Institutions to return original Marks Cards etc., to petitioners therein.
7. Said ratio is squarely apply to present case. Consequently, following said decision, present writ petition is allowed in part, respondents no.6 and 7 are directed to hand over original Transfer Certificate, Migration Certificate and Marks Cards of petitioner no.1 submitted at time of her admission with respondent no.6, within three weeks from date of receipt of certified copy of this order, reserving liberty to respondent no.6 to recover dues, if any, from petitioner in manner known to law and by keeping contentions of both sides open.
Sd/-
JUDGE GRD