Karnataka High Court
A P Raju vs State Of Karnataka on 3 June, 2019
Bench: Chief Justice, P.S.Dinesh Kumar
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2019
PRESENT
THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR
WRIT APPEAL NO.1293 OF 2019 AND
WRIT APPEAL NOS.1304-1411 OF 2019 (EDN-RES)
BETWEEN:
1. A P RAJU
S/O PADMANABHAN
AGED ABOUT 46 YEARS
R/AT # 250, 8TH CROSS,
5TH MAIN, TATA NAGAR,
BENGALURU - 560 092
2. ARVIND KUMAR CHATURVEDI
S/O B D CHATURVEDI
AGED ABOUT 39 YEARS
R/AT UNIQUE CONCORD
B005, GROUND FLOOR,
LOTTEGOLLAHALLI MAIN ROAD,
TATA NAGAR, BENGALURU - 560094
3. S RAVISHANKAR
S/O H SATYANARAYANA
AGED ABOUT 57 YEARS
R/AT 516, NETRAVATHI ROAD,
CROSS DEVASNDRA, NEW BEL ROAD,
BENGALURU - 560 094
4. SHANMUGANATHAN U.,
S/O ULAGANATHAN
AGED ABOUT 40 YEARS
R/AT 3RD MAIN 1ST CROSS,
-2-
DESHABANDHUNAGAR,
DODDABOMMASANDRA
BENGALURU - 560 097
5. GURURAJ HEGDE
S/O GANAPATHIHEGDE
AGED ABOUT 40 YEARS
R/AT # 90, SRI MANJUNATHA MANSION
FLAT NO 404, 4TH FLOOR,
15TH MAIN, 8TH CROSS,
BRINDAVANANAGAR
BENGALURU - 560 054
6. LOKESH RAJU
S/O RAJU NARAYANSWAMY
AGED ABOUT 36 YEARS R/AT # 149,
2ND FLOOR, 4TH CROSS,
MARUTHINAGAR,
2ND STAGE, BHADRAPPALAYOUT
BENGALURU - 560 094
7. PRASHANT PARAMATMUNI
S/O SRINIVAS RAO P
AGED ABOUT 31 YEARS
R/AT # 45/66, FLAT A3,
HIGHTECH AQUARIUS APARTMENTS,
LKR NAGAR, DEVI NAGAR,
BENGALURU - 560 094
8. P.C. SAJOE S/O CHAMY
AGED ABOUT 44 YEARS
R/AT 24, SREESHAILAM,
KRISHNA TEMPLE ROAD,
NEAR ADISHREE APARTMENTS,
MUNIBYRAPPA LAYOUT
DODDABOMMASANDRA
VIDYARANYAPURA,
BENGALURU - 560 097
9. VENKATESH P
S/O PRABHAKAR
AGED ABOUT 39 YEARS
R/AT # 18, 2ND FLOOR,
SRI SADGURU NILAYA,
-3-
G B M ROAD,
RAMACHANDRAPURA,
BENGALURU - 560 013
10. PRADEEP PRAHLAD
S/O PRAHALD RAO S.R.,
AGED ABOUT 39 YEARS
R/AT NO 117, SREE RAMAKRISHNA NILAYA,
4TH CROSS, DEFENCE COLONY,
SAHAKARANAGARA
BENGALURU - 560 092
11. S KARTHIKEYAN
S/O LATE S SUNDARRAJ,
AGED ABOUT 41 YEARS,
R/AT # 7, FLAT NO.103,
CREATIVE SUMINA,
5TH CROSS, BASAVESHWARA LAYOUT,
NEAR RAILWAY GATE,
NAGASHETTYHALLI,
BENGALURU - 560 094
12. DHAMODHARAN
S/O P SHANKAR
AGED ABOUT 39 YEARS,
R/AT NO 27, 4TH BLOCK,
NEAR LOKESH BUILDING
DODDABOMMASANDRA
BENGALURU - 560 097
13. SRIRAMA CHANDRA
S/O MARIYAPPA
AGED ABOUT 37 YEARS,
R/AT # 16, SUDHAMA NILAYA,
2ND CROSS, 1ST BLOCK,
DODDABOMMASANDRA
VIDYARANYAPURA
BENGALURU- 560 097
14. VANITHA B D/O K BALRAJ
AGED ABOUT 33 YEARS
R/AT NO 250, 'SRI' NIVASA
11TH CROSS, MARUTHINAGAR
BENGALURU - 560094
-4-
15. RAMAKRISHNA R
S/O RAMDAS
AGED ABOUT 45 YEARS
R/AT NO 335, 7TH CROSS,
9TH MAIN, 3RD BLOCK,
HMT LAYOUT,
VIDYARANYAPURAM
BENGALURU - 560 097
16. SUBRAMANI K
S/O G T KALIAPPAN
AGED ABOUT 47 YEARS
R/AT # 39, 6TH CROSS,
4TH MAIN, NEAR JALLEGARREAMMA TEMPLE
RMV 2ND STAGE,
L G HALLI, BENGALURU - 560 094
17. MADHU MALI D/O BALARAM
AGED ABOUT 42 YEARS,
R/AT # 62C, 2ND FLOOR,
LKR APARTMENT, LKR NAGAR,
LOTTEGOLAHALLI, RMV POST,
BENGALURU - 560 094
18. VENKATESH N
S/O LATE NARAYAN RAO
AGED ABOUT 46 YEARS
R/AT NO 88/1, 4TH CROSS,
NANJAPPA LAYOUT,
VIDYARANYAPURA
BENGALURU - 560 097
19. KUSUMA K.M. D/O MALLESH
AGED ABOUT 39 YEARS
R/AT # 39, KANNURAMMA
TEMPLE LAYOUT,
1ST MAIN, DEVINAGAR,
BENGALURU - 560 094
20. SHASHIDHARA D N
S/O NAGENDRAPPA,
AGED ABOUT 38 YEARS
R/AT # 8, 3RD CROSS,
APC LAYOUT,
-5-
THINDLU VIDYARANYAPURA
BENGALURU - 560 097
21. SWAROOP G K
D/O LATE GURLING KAMATGI
AGED ABOUT 36 YEARS
R/AT 041, D BLOCK,
DS MAX SIGNATURE
NEAR DEVINAGAR, LKR NAGAR
BENGALURU - 560 094
22. SHINOJ K. NARAYANA
S/O K NARAYANAN
AGED ABOUT 40 YEARS
R/AT # 70, 2ND MAIN 4TH CROSS,
MUNIRAMANNA BLOCK,
GANGANAGAR
R T NAGAR, BENGALURU - 560 032
23. NAVEEN KUMAR R
S/O RAJANNA
AGED ABOUT 44 YEARS
R/AT NO 144/1 MARUTHI NILAYA,
NEAR SHARADAMMA TEMPLE,
JALAHALLI VILLAGE,
BENGALURU - 560 013
24. JITESH KUMAR K B
S/O BHOJARAJ
AGED ABOUT 40 YEAR S
R/AT NO 464, MANJUNATHA NILAYA,
2ND CROSS,
CHIKKAMARANAHALLI DEVASANDRA
NEW BEL ROAD,
BENGALURU - 560 054
25. JAGADEESH AMIN
S/O JANU POOJARY
AGED ABOUT 42 YEARS
R/AT HOUSE NO 21, GF
GANESHA LAYOUT,
8TH MAIN, 4TH BLOCK,
VIDYARANYAPURAM
BENGALURU - 560 097
-6-
26. RAMA KUMAR B A
S/O B R ASHWATH NARAYANA
AGED ABOUT 44 YEARS
R/AT B - 314, UNIQUE CONCORD
94/2 DEVI NAGAR,
TATA NAGAR
BENGALURU - 560 094
27. NAYAN KUMAR
S/O T N SRINIVASU
AGED ABOUT 39 YEARS
R/AT 501B, HOYSALA INFANTRY TOWER
SANJAY NAGAR MAIN ROAD,
NEXT TO VAIBHAV THEATER
BENGALURU - 560 094
28. SRINIVASA RAO
S/O LATE SAMBASIVA RAO
AGED ABOUT 51 YEARS
R/AT NO 27, 6TH CROSS
LOTEGALLAHALLI,
RMV 2ND STAGE
SANJAY NAGAR
BENGALURU - 560 094
29. MANISH DESAI
S/O SHIVRAJ S DESAI
AGD ABOUT 42 YEARS
R/AT # 35, KRISHINAGAR,
7TH CROSS, UAS LAYOUT,
RMV II STAGE
BENGALURU - 560 094
30. HEMANTH K K
S/O KRISHVAJI RAO K H
AGED ABOUT 35 YEARS,
R/AT # 025, DS-MAX SIGNATURE
B-BLOCK LKR NAGAR DEVINAGAR
BENGALURU - 560 094
31. KAMRAJ G
S/O GANESAN P,
ABOUT 45 YEARS,
RA/T 55, 2ND FLOOR 3RD CROSS
-7-
2ND MAIN, DESHABANDHU NAGAR
DODDABOMMASANDRA
VIDYARANAYAPURA P O
BENGALURU - 560 097
32. ANIL KUMAR E
S/O K M KARUNAN
AGED ABOUT 40 YERS,
R/AT NO.4, HILAND NEST LAYOUT
GUNIGRAHARA, SHIVAKOTE PO.,
BENGALURU - 560 089
33. DINESH S
S/O P.M. SHANMUGUA,
AGED ABOUT 41 YEARS,
R/AT NO.24, 1ST CROSS 4TH MAIN
LOTTE GOLLAHALLI, RMV 2 STAGE,
BENGALURU - 560 094
34. MANJUNATH
S/O VENKATESHAIAH
AGED ABOUT 44 YEARS,
R/AT # 33, 6TH CROSS
OPPOSITE JALAGERAMMA TEMPLE
LOTTEGOLLAHALLI
BENGALURU - 560 094
35. GOPAKUMAR S
S/O SREEDHARAN PILLEY
AGED ABOUT 43 YEARS,
R/AT NO.04, HILANDNEST
GUNIAGRAHARA
NEAR LAKSHIMPURA CROSS,
NEXT TO IRWO,
BENGALURU - 560 089
36. TEJASWINI H K
D/O KRISHNAMUR T H
AGED ABOUT 43 YEARS,
R/AT # 64TH CROSS
KANNURAMMA EXTENSION
DEVINAGAR
BENGALURU - 560 094
-8-
37. GOWRAMMA
D/O RAJEDNRAN
AGED ABOUT 44 YEARS,
R/AT NO.1 PARK ENCLAVE
15TH A CROSS, 8TH MAIN
MUTHYALA NAGAR, MATHIKERE,
BENGALURU - 560 054
38. ASHWINI KUMAR
S/O SHAILENDRA PRASAD,
AGED ABOUT 33 YEARS,
R/AT NO.21, B BLOCK,
DS MAX SIGNATURE APARTMENT,
LKR NAGAR, DEVI NAGAR,
BENGALURU - 560 094
39. JAGADEESH
S/O LATE VEERAPPA,
AGED ABOUT 38 YEARS,
R/AT FLAT NO.201
SAHASRA GRANDEUR APARTMENTS,
SECTOR A, 2ND CROSS, AMRUTH NAGAR,
NEAR SHARADHA SCHOOL,
BENGALURU - 560 092
40. RAMESH H D
S/O DEWARSE GOWDA,
AGED ABOUT 35 YEARS,
R/AT NO.39, 2ND FLOOR,
9TH MAIN, 4TH CROSS,
DESHBHANDU NAGAR,
OPPOSITE KABIR ASHRAM
41. SRI RANJANI THOTA
W/O B.R. SURENDRA THOTA,
AGED ABOUT 35 YEARS,
R/AT PLOT NO.D-242,
DS MAX SIGNATURE,
LKR NAGAR, BENGALURU-560094
42. PONNARASU M
S/O MANIVACHAGAM,
AGED ABOUT 39 YEARS,
R/AT 248, 8TH CROSS,
-9-
TATA NAGAR, KODIGEHALLI,
BENGALURU-560 092
43. SACHIN KUMAR HIREMATH
S/O V.P. HIREMATH,
AGED ABOUT 37 YEARS,
R/AT 528, 2ND CROSS, 3RD BLOCK,
RMV 2ND STAGE,
OPP. RMV YOGA CENTRE,
NEAR RMV CLUB,
BENGALURU - 560 094
44. RAJESH SHETTY
S/O BALAKRISHNA SHETTY,
R/AT 334, HMT LAYOUT,
ANAND NAGAR,
BENGALURU - 560 024
45. BALAJI RAMCHANDRA
S/O T.G. RAMCHANDRA,
AGED ABOUT 35 YEARS,
R/AT NO.24, 2ND CROSS,
SBM COLONY, MATHIKERE,
BENGALURU - 560 054
46. T. VENKATESH BABU
S/O L.B.THIPPESWAMY,
AGED ABOUT 48 YEARS,
R/AT NO.106, B BLOCK,
GRAPES VIEW CASTLE APARTMENT,
1ST MAIN, MUTHYALNAGAR, MATHIKERE,
BENGALURU - 560 054
47. ANANDA S R
S/O L. RANGANATHAPPA
AGED ABOUT 43 YEARS
R/AT B-901,
HOYSALA INFANTRY TOWERS,
SANJAYANAGAR MAIN ROAD,
BENGALURU - 560 094.
48. DIVYA C THAKKAR
D/O SAMPATH
AGED ABOUT 34 YEARS
- 10 -
R/AT #54,
OPP TO NAGALINGESHWARA TEMPLE
DESHBANDUNAGAR,
DODDABOMMASANDRA
VIDYARANYAPURA POST,
BENGLAURU - 560 097.
49. PRANAB KUMAR MAJI
S/O TULASI CH MAJI,
AGED ABOUT 40 YEARS
R/AT NO-1, 1ST FLOOR, 4TH BLOCK,
DODDABOMMASANDRA,
BEHIND VENUGOPAL SWAMI TEMPLE
VIDYARANYAPURA POST,
BENGALURU - 560 097.
50. NAGENDRA KUMAR
S/O H.M. VISHWAMURTHY
AGED ABOUT 40 YEARS
R/AT NO.69, 5TH MAIN,
AGS LAYOUT, NEW BEL ROAD,
RMV 2ND STAGE,
BENGALURU - 560 054.
51. HAJI MOHAMMED
S/O MOHAMMED YASEEN
AGD ABOUT 39 YEARS
R/AT #2, II FLOOR,
3RD A MAIN,
2ND CROSS, BALAJI LAYOUT
OPP KOYAS FACTORY
VIDYARANYAPURA
BENGALURU-560 097.
52. NAGARAJU B.N.,
S/O NANJEGOWDA
AGED ABOUT 38 YEARS
R/AT NO.2, 4TH MAIN,
ANJANAMURTHY LAYOUT
LOTTEGOLLAHALLI,
RMV 2ND STAGE,
BENGALURU - 560 094.
- 11 -
53. VIJAY ARCOT
S/O A.R. VENKATACHALAPATHY
AGED ABOUT 35 YEARS
R/AT #12, 4TH FLOOR,
5TH CROSS, BASAVASAMITI LAYOUT
NEAR TOM & JERRY PLAY HOME,
VIDYARANYAPURA, BENGALURU-560 097.
54. JANARDHAN B.R.
S/O RAMASHASTRY K N
AGED ABOUT 43 YEARS
R/A #23, KEERTHISIMHA
1ST CROSS, APC LAYOUT
VIDYARANYAPURAM POST
THINDLU, BENGALURU - 560 097
55. VIJAY BHASKAR
S/O UVARAJ D
AGED ABOUT 40 YEARS
R/A NO.25, SHARADHA NIVAS
MUNEESHWARA TEMPLE ROAD
LOTTEGOLLAHALLI
RMV EXTENSION
2ND STAGE POST
BENGALURU - 560 094
56. H P MANJUNATH
S/O PUTTAMAREGOWDA
AGED ABOUT 41 YEARS
R/A #2, 5TH MAIN ROAD
DESHUBANDHU NAGAR
NEAR RASINA FARM
DODDABOMMASANDRA
BENGALURU - 560 097
57. MANJULA R DAMODHAR
D/O DAMODHARAN
AGED ABOUT 41 YEARS
R/A # 320, 4TH A CROSS
BHADRAPPA LAYOUT
NAGASHETTYHALLI
BENGALURU - 560 094
- 12 -
58. R GIRISH
S/O P RAMACHANDRAN
AGED ABOUT 47 YEARS
R/A #4/62, 8TH CROSS
MSR NAGAR, NEW BEL ROAD
BENGALURU - 560054
59. RAJESH GOWHALE
S/O MADHUKAR GOWHALE
AGED ABOUT 43 YEARS
R/A E4106, SRIRAM SHREYAS
APARTMENTS TELECOM LAYOUT
KODIGEHALLI
BENGALURU - 560 092
60. SUNDAR C P
S/O C N PILLAVENKATASWAMY
AGED ABOUT 44 YEARS
R/AT #52, III MAIN
BINNY MILL ROAD
GANGANAGAR EXTENSION
BENGALURU - 560 032
61. AMRUTHA GOGATE
D/O MAYUR GOGATE
AGED ABOUT 35 YEARS
R/ATF3, EIKSHA ENCLAVE
4TH A CROSS, 51/2
VIDYARANYAPURA MAIN ROAD
BENGALURU - 560 097
62. NAVEEN KRISHNAPPA
S/O KRISHNAPPA M
AGED ABOUT 39 YEARS
R/AT #11, SRINIVASA GARDENS
2ND MAIN, RMV 2ND STAGE
NAGASHETTYHALLI
BENGALURU - 560 094
63. MAKARAND PARANJAPE
S/O PRAKASH P PARANJAPE,
AGED ABOUT 32 YEARS
R/AT SM HERITAGE APARTMENTS,
FLAT NO.206, 56/13, JB KAVAL
- 13 -
VIDYARANYAPURA,
BENGALURU - 560 097.
64. ASHWIN
S/O VEER KUMAR,
AGED ABOUT 40 YEARS
R/AT B 202, II FLOOR,
STERLING RESIDENCY
DOLLARS COLONY,
BENGALURU - 560 094.
65. DIVYA L
W/O MANOJ KUMAR,
AGED ABOUT 38 YEARS
R/AT NO.107,
GARUDA ROYAL APARTMENT,
SHARADAMBANAGAR, JALAHALLI VILLAGE,
BENGALURU - 560 013.
66. AVINASH S SAHOO
S/O M.SAHOO,
AGED ABOUT 42 YEARS
SHREE PRAKRITI APARTMENT,
R/AT E2-302, KODEGAHALLI,
VIRUPAKSHA LAYOUT,
BENGALURU - 560 097.
67. ARUNA
W/O LAKSHMINARAYAN,
AGED ABOUT 46 YEARS,
R/AT S4, 51/2, EIKSHA ENCLAVE,
NANJAPPA LAYOUT,
VIDYARANYAPURA,
BENGALURU - 560 094.
68. MANJULA B.T.
D/O PRASHANTH,
AGED ABOUT 38 YEARS,
R/AT # 2118, D BLOCK, 9TH MAIN,
SAHAKAR NAGAR
BANGALORE - 560 092.
69. ANURADHA
W/O RAJEEV.S
- 14 -
AGED ABOUT 35 YEARS,
R/AT NO.107, GARUDA ROYAL APARTMENT,
SHARADAMBANAGAR, JALAHALLI VILLAGE,
BENGALURU - 560 013.
70. CHANDRAKANTH R
S/O RAJEEV SHETTY,
AGED ABOUT 32 YEARS
R/AT NO.19 SUMUKHA 2ND MAIN,
1ST CROSS, MUNNESHWARASWAMY LAYOUT,
DODDABOMASANDRA,
VIDYARANYAPURA,
BENGALURU - 560 097.
71. PRASAD SHETTY
S/O PANDURANG SHETTY,
AGED ABOUT 46 YEARS
1ST CROSS, MUNNESHWARASWAMY LAYOUT,
DODDABOMASANDRA,
VIDYARANYAPURA
BENGALURU - 560 097.
72. AMBIKA
W/O C GOPINATH
AGED ABOUT 49 YEARS
R/AT 8A I MAIN, CIL LAYOUT
SANJAYNAGAR,
BENGALURU - 560 097
73. MANOJ NANDAWATH
S/O SHYAM SUNDAR
AGED 37 YEARS
R/AT MERIDIAN GARDEN
CBI ROAD, GANGANAGAR
BENGALURU - 560 032
74. R V SHANTANAVAR
S/O VEERANAGOUDA
AGED ABOUT 44 YEARS
R/AT UNIQUE CONCORD APARTMENT
FLAT NO. B-415, LOTTEGOLLHALLI
MAIN ROAD, TATANAGAR
BENGALURU - 560 094
- 15 -
75. ANANDA GOWDA
S/O VEERAAPA GOWDA
AGED ABOUT 36 YEARS
R/AT B406,
UNIQUE CONCORDE APARTMENTS
TATANAGAR, BENGALURU - 560 097
76. D KARUNASREE
W/O D VELU MODALI
AGED ABOUT 33 YEARS
R/AT 20/A, SOWPARNIKA
7TH CROSS, GROUND FLOOR
DEVINAGARA, BENGALURU - 560 094
77. SACHIN H M
S/O MAHESH H S
AGED ABOUT 35 YEARS
R/AT 8/39, 4TH CROSS, 4TH MAIN
DODDABOMMASANDRA
NEAR VENUGOPALASWAMY TEMPLE
VIDYARANYAPURA POST
BENGALURU - 560 094
78. SANTOSH D
S/O DEENADAYAL
AGED ABOUT 35 YEARS
R/AT # 32, MARUTHINAGAR MAIN ROAD
MUNESHWAR TEMPLE ROAD DEVINAGAR
BENGALURU - 560 094
79. SOUMYA S
W/O SRINIVAS PRASAD
AGED ABOUT 34 YEARS
R/AT NO.34, HMT LAYOUT
RT NAGAR, BENGALURU - 560 032
80. S VIJAYKUMAR
S/O SALLAPURI
AGED ABOUT 35 YEARS
R/AT # 17 GKVK ROAD
THINDLU , VIDYARANYAPURA POST
BENGALURU - 560 097
- 16 -
81. HARIS B C
S/O AMMAD B.C,
AGED ABOUT 36 YEARS
R/AT FLAT NO.1016,
PRESTIGE KENSINGTON GARDENS,
JALAHALLI, BENGALURU - 560 013.
82. RAVI CHOPRA
S/O.V.K.CHOPRA,
AGED ABOUT 42 YEARS,
R/AT 601, BLCOK I,
RMV CLUSTERS PHASE 2,
DEVINAGAR, LOTTEGOLLAHALLI,
BENGALURU - 560 094.
83. JAYANTH DESPANDE
S/O VASANT DESHPANDE,
AGED ABOUT 53 YEARS,
R/AT 306, SRI GURU RESIDENCY,
SV LAYOUT RMV II STAGE,
BENGALURU - 560 094.
84. T MOHAN REDDY
S/O T SADANANDA REDDY,
AGED ABOUT 41 YEARS,
R/AT FLAT 403, SS RESIDENCY,
KODIGEHALLI,
BENGLAURU - 560 097.
85. ASHOK KUMAR Y
S/O ONKARAPAP Y,
AGED ABOUT 38 YEARS
R/AT FLAT 8210, UNIQUE CONCORDE,
LOTTEGOLAHALLI MAIN ROAD,
TATA NAGAR,
BENGALURU - 560 094.
86. SHASHNK DUBEY
S/O S.C.DUBEY,
AGED ABOUT 40 YEARS,
R/AT 107-5, S V RESIDENCY,
1ST CROSS, RAMANNA GARDEN,
RAMACHADNRAPURA,
BENGALURU - 560 097.
- 17 -
87. PRASANNA Y S
S/O SRINIVASA MURTHY,
AGED ABOUT 50 YEARS,
R/AT #661, 7TH CROSS,
BANDAPPA ROAD,
YESHWANTHPUR,
BENGALURU - 560 022.
88. RAJALAXMI
W/O A SELVASHANKAR,
AGED ABOUT 40 YEARS
R/AT 103, BHAVYA HARMONY,
SITE NO. 1,2,3 & 4,
SONNEGOWDA LAYOUT,
BEHIND SONNEGOWDA COMPLEX,
KODIGEHALLI,
BENGALURU - 560 092.
89. J B PADAM KUMAR
S/O LATE SHA BHAWARLAL,
AGED ABOUT 47 EAYRS,
R/AT NO.98, VISHWAS MANSION,
FLAT NO.201, B 2ND FLOOR,
4TH MAIN, 5TH CROSS,
N.G.E.F. LAYOUT, SANJAY NAGAR,
BENGALURU - 560 094.
... APPELLANTS
(BY SHRI RAJESWARA P.N., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF PRIMARY AND
SECONDARY EDUCATION
M S BUILDING
BENGALURU - 560 001
2. THE COMMISSIONER
DEPARTMENT OF PUBLIC INSTRUCTIONS
NRUPATHUNGA ROAD, BENGALURU - 560 001
3. DIRECTOR OF PUBLIC INSTRUCTIONS
OFFICE OF THE COMMISSIONER
- 18 -
OF PUBLIC INSTRUCTIONS
NRUPATHUNGA ROAD
BENGALURU - 560 001
4. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS
BENGALURU NORTH
K G ROAD, BENGALURU - 560 009
5. THE BLOCK EDUCATION OFFICER
BENGALURU NORTH ZONE - 2
YELAHANKA, BENGALURU - 560 064
6. CENTRAL BOARD OF SECONDARY EDUCATION
REPRESENTED BY ITS REGIONAL OFFICER
CBSE REGIONAL OFFICE 1630-A, J BLOCK,
16TH MAIN ROAD, ANNA NAGAR WEST
CHENNAI - 600 040
7. VYASA EDUCATIONAL AND CULTURAL TRUST
BEING A PUBLIC CHARITABLE TRUST
UNDER INDIAN TRUST ACT 1882 ACT
AND HAVING ITS OFFICE AT
SURVEY NO 101/2, DODDABOMMASANDRA
BEL NORTH GATE
VIDYARANYAPURA POST
BENGALURU - 560 097
REPRESENTED BY ITS CHAIRPERSON
MR.V.SRINIVASA RAJU
8. VYASA INTERNATIONAL SCHOOL
SURVEY NO.101/2
DODDABOMMASANDRA
BEL NORTH GATE
VIDYARANYAPURA POST,
BENGALURU - 560 097
REPRESENTED BY ADMINISTRATIVE MANAGER
MR.PRASAN VENKATESH RAO
... RESPONDENTS
(SHRI D.NAGARAJ, AGA FOR RESPONDENT NOS.1 TO 5
SHRI G.L.VISHWANATH, ADVOCATE FOR RESPONDENT
NOS.7 AND 8)
---
- 19 -
THESE WRIT APPEALS ARE FILED UNDER SECTION 4
OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO
SET ASIDE THE ORDER DATED 26.04.2019 IN WP NOS.19477-
19585/2019 (EDN-RES) PASSED BY THE LEARNED SINGLE
JUDGE INSOFAR AS IT RELATES ONLY ORDERS NOTICE
WITHOUT CONSIDERING THE INTERIM PRAYERS MADE IN
THE WRIT PETITION AND CONSEQUENTLY GRANT THE
INTERIM PRAYERS SOUGHT FOR BY THE APPELLANTS IN
THEIR WRIT PETITION NO.19477-19585/2019 AND ETC.
THESE APPEALS COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
JUDGMENT
By the impugned order dated 26th April 2019, the learned Single Judge issued notice.
2. Before the learned Single Judge, the appellants prayed for ad-interim relief in terms of prayer clause (i) of the petition, which reads thus:
"Not to refuse or deny admissions to the academic year 2019-20 to the existing students of 2018-19 academic year;"
The grievance of the appellants is that the said ad-interim relief has been refused while issuing notice by the learned Single Judge.
3. In normal course, in these writ appeals, this Court would not have interfered against an order refusing to grant ad-interim
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relief. However, we are dealing with the academic career of wards of 89 appellants, who were the students of the eighth respondent School. Hence, we have heard the learned counsel at some length.
4. It is not in dispute that wards of the appellants 51 and 80 are protected by the Right of Children to Free and Compulsory Education, 2009. In fact, the learned counsel appearing for the seventh and eighth respondents, on instructions, states that admission of the said two students has not been disturbed and there is no question of charging of any fees from the said two students. We accept the said statement made by the learned counsel appearing for the seventh and eighth respondents.
5. The learned counsel appearing for the seventh and eighth respondents has tendered across the Bar a chart. The chart records that as regards the wards of the appellant Nos.6, 9, 14, 18, 20, 24, 31, 37, 40, 42, 44, 45, 53, 61, 63, 64, 72, 74, 77, 82 and 83, applications were made by the concerned appellants for issue of transfer certificates. He further states that to some of the students, transfer certificates have been
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already issued. The learned counsel appearing for the appellants, on instructions, states that the parents of the aforesaid students / concerned appellants are willing to pay arrears of 75% of the fees payable for the academic year 2018- 19 subject to the outcome of the proceedings before the District Level Education Regulatory Authority (for short 'the said Authority'). The learned counsel appearing for the seventh and eighth respondents states that on payment of arrears of 75% of the fees payable for the academic year 2018-19, the students, who have applied for grant of transfer certificates and who have not been issued transfer certificates so far shall be issued transfer certificates. We accept the said statements made by the learned counsel appearing for the appellants as well as the learned counsel appearing for the seventh and eighth respondents.
6. As far as the wards of the other appellants, except the aforesaid 21 students as well as wards of the appellant Nos.1, 7, 29 and 89, the learned counsel appearing for the seventh and eighth respondents states that if the concerned appellants pay arrears of fees of 75% of the total fees payable for the
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academic year 2018-19 and also pay 75% of first installment of the fees for the present academic year, the seventh and eighth respondents will admit the respective students to the next class. The learned counsel appearing for the appellants states that the concerned appellants need time of ten days to pay the aforesaid amounts. We, accordingly, grant time of ten days from today. Needless to add that if the concerned appellants pay the amounts as stated by the learned counsel appearing for the appellants within a period of ten days from today, the seventh and eighth respondents shall ensure that the concerned students are immediately granted admission to the concerned class. Considering the fact that the concerned appellants have shown willingness to pay the fee within the period of ten days, the seventh and eighth respondents will permit the concerned students to attend the classes even before the payment of fees. It is obvious that on their failure to pay fees within ten days as mentioned above, the concerned students will not be entitled to attend class on expiry of ten days from today.
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7. That leaves the controversy regarding wards of appellant Nos.1, 7, 29 and 89. It is not in dispute that transfer certificates were issued to the said four students on 3rd April 2019. The learned counsel appearing for the appellants, firstly makes a grievance that in breach of ad interim order dated 14th May 2019, the said four students have been denied admission. He further states that as far as those four students are concerned, he relies on the order dated 30th May 2019 passed by the Chairperson of the Karnataka State Commission for Protection of Child Rights. He relies upon the direction issued under the said order which according to him enjoins the seventh and eighth respondents to admit the said four students to the next class.
8. Firstly, before the learned Single Judge, the only interim relief prayed was in terms of prayer clause (i) of the writ petition. In the writ petition, there is no challenge to the act of the seventh and eighth respondents to issue transfer certificate to the said four students without the said students applying for it. Moreover, it is always open for the appellants to apply to the learned Single Judge before whom the writ petitions are
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pending for permission to carry out necessary amendment and to seek necessary ad interim or interim relief in accordance with law. In these appeals against ad interim order, we cannot grant any relief to the four students to whom transfer certificates has been already issued on 3rd April 2019.
9. Subject to the directions and subject to what is observed above, the appeals are disposed of.
10. We make it clear that these appeals being appeals against ad interim order, all contentions of the parties before the learned Single Judge are expressly kept open.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AHB