Karnataka High Court
Anumitha Sharma vs State Of Karnataka on 20 July, 2021
Bench: B.V.Nagarathna, Hanchate Sanjeevkumar
-: 1 :-
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 20TH DAY OF JULY, 2021
PRESENT
THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
AND
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
WRIT PETITION No.8168/2020 (EDN-RES)
C/W
WRIT PETITION No.8410/2020 (EDN-RES),
WRIT PETITION No.8419/2020 (EDN-RES),
WRIT PETITION No.8421/2020 (EDN-RES),
WRIT PETITION No.8422/2020 (EDN-RES),
WRIT PETITION No.8423/2020 (GM-RES),
WRIT PETITION No.8424/2020 (EDN-RES)
AND WRIT PETITION No.8463/2020 (EDN-RES)
W.P.No.8168/2020:
BETWEEN:
1. ANUMITHA SHARMA
FATHERS NAME G.D. SHARMA
AGED 37 YEARS,
RESIDING AT SC 402,
SHRIRAM SPANDHANA APARTMENTS,
CHALLAGHATTA,
BENGALURU - 560 037.
2. LALITHA SHIVAPRASAD
FATHER'S NAME K.S. MANI,
AGED 44 YEARS,
RESIDING AT D6 HULKUL RESIDENCY,
81 LAVELLE ROAD,
BENGALURU - 560 001.
3. POOJA SINGH
FATHER'S NAME D.R. ARORA
AGED 43 YEARS,
RESIDING AT 3081,
SOBHA JASMINE, BELLANDUR
BENGALURU - 560 103.
4. ANUSHREE ARORA
FATHER'S NAME VIVEK KUMAR ARORA
-: 2 :-
AGED 37 YEARS,
RESIDING AT 12131,
PRESTIGE SHANTHINIKETAN,
WHITEFIELD MAIN ROAD,
MAHADEVAPURA,
BENGALURU - 560 048.
5. KARAN TANDON
FATHER'S NAME RAVI TANDON
AGED 34 YEARS,
RESIDING AT NO.594,
12TH MAIN ROAD,
HAL 2ND STAGE, INDIRANAGAR,
BENGALURU - 560 008.
6. TAZEEN SYEDA
FATHER'S NAME SYED YAKOOB
AGED 40 YEARS,
RESIDING AT RICHMOND ROAD,
BENGALURU - 560 025.
7. ARINDAMA BANERJEE WANKHEDE
FATHER'S NAME N.K. BANERJEE
AGED 36 YEARS,
RESIDING AT TF-18,
SOWPARNIKA SANVI,
PHASE-1, 5TH CROSS,
VIJAYNAGAR, WHITE FILED,
BENGALURU - 560 066.
8. ESHWARI CHANDRASHEKHAR
FAHTER'S NAME S.R. CHANDRASEKHAR
AGED 35 YEARS,
RESIDING AT 149, RAMAKRUPA,
4TH CROSS, PRASANTH EXTENSION,
WHITEFIELD, BENGALURU - 560 066.
9. ANAND KARTIKEYAN
FATHER'S NAME T. KARTIKEYAN
AGED 46 YEARS,
RESIDING AT A 2405, BRIGADE EXOTICA
OLD MADRAS ROAD, AAVALAHALLI,
BENGALURU - 560 049.
10. MENAKA RAMAN
FATHER'S NAME P.Y. RAMAN
AGED 39 YEARS,
RESIDING AT A 2405,
-: 3 :-
BRIGADE EXOTICA,
OLD MADRAS ROAD, AAVALAHALLI,
BENGALURU - 560 049.
11. SANGEETA RANA
FATHER'S NAME AJIT RANA
AGED 44 YEARS,
RESIDING AT 2A ORCHARD GREEN,
AMARJYOTHI LAYOUT,
DOMLUR, BENGALURU - 560 071.
12. MALLIKA RANA
FATHER'S NAME C.D. SASIKUMAR
AGED 45 YEARS,
RESIDING AT 3A SUNNYSIDE,
4 BRIDE STREET, RICHMOND TOWN,
BENGALURU - 560 025.
13. MILONI MEHTA
FATHER'S NAME PARESH MEHTA
AGED 37 YEARS,
RESIDING AT P406,
PURVA FOUNTAIN SQUARE,
MARATHAHALLI,
BENGALURU - 560 037.
14. MRINALINI .S
FATHER'S NAME SATHIAVAGEESWARAN
AGED 34 YEARS,
RESIDING AT VILLA 12,
PRESTIGE SILVER OAK,
ECC ROAD, WHITE FIELD,
BENGALURU - 560 066.
15. FALAK RANDERIAN
FATHER'S NAME LATE MOHAMMED ERFAN RANDERIAN
AGED 39 YEARS,
RESIDING AT 201,
SHRAVANTHI CLASSIC APARTMENT,
4TH A MAIN, 6TH CROSS, N.S. PALYA,
BTM LAYOUT, BENGALURU - 560 029.
16. PANKAJ MITRA
FATHER'S NAME D.K. MITRA
AGED 44 YEARS,
RESIDING AT V 357,
ADARSH PALM RETREAT,
BELLANDUR, BENGALURU - 560 103.
-: 4 :-
17. NIRUPAMA PILLAI
FATHER'S NAME K.S. PILLAI
AGED 34 YEARS,
RESIDING AT SNN GREENBAY,
ELECTRONIC CITY PHASE-2,
BENGALURU - 560 100.
18. DEEPU CHANDRAN
FATHER'S NAME P.R. KESAVACHANDRAN
AGED 37 YEARS,
RESIDING AT SNN GREENBAY,
ELECTRONIC CITY PHASE-2,
BENGALURU - 560 100.
19. VINOO BELLIAPPA
FATHER'S NAME M.S. BELLIAPPA
AGED 38 YEARS,
RESIDING AT 3A SANTOSH APARTMENTS,
NO.2 PALMGROVE ROAD,
BENGALURU - 560 047.
20. KAVERI MEDAPPA
FATHER'S NAME K.S. MEDAPPA
AGED 40 YEARS,
RESIDING AT 002,
PEARSON RESIDENCY, 33, VIVIANI ROAD,
BENGALURU - 560 005.
21. P.M. THIMMAIAH
FATHER'S NAME P.P. MACHIAH
AGED 44 YEARS,
RESIDING AT 002,
PEARSON RESIDENCY, 33, VIVIANI ROAD,
BENGALURU - 560 005.
22. PRIYANKA MISHRA
FATHER'S NAME DR. H.S. MISHRA
AGED 37 YEARS,
RESIDING AT F 0225,
BRIGADE COSMOPOLIS
WHITEFIELD MAIN ROAD,
BENGALURU - 560 066.
23. JASLEEN CHADHA
FATHER'S NAME HARJIT SINGH CHADHA
AGED 41 YEARS,
RESIDING AT FLAT NO.1001,
JULIAN BLOCK,
ALPINE ECO APARTMENTS,
-: 5 :-
MARATHAHALLI OUTER RING ROAD,
DODDANAKUNDI,
BENGALURU - 560 037. ... PETITIONERS
(BY SRI. PRADEEP NAIK, ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH ITS DEPARTMENT OF
PRIMARY AND SECONDARY EDUCATION
VIKASA SOUDHA,
BENGALURU - 560 001.
THROUGH THE PRINCIPAL SECRETARY.
2. THE COMMISSIONER,
DEPARTMENT OF PUBLIC INSTRUCTIONS,
NRUPATHUNGA ROAD,
BENGALURU - 560 001. ... RESPONDENTS
(BY SMT. VANI H., ADDITIONAL GOVERNMENT ADVOCATE FOR
R-1 AND R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO
QUASH THE IMPUGNED NOTICE ISSUED BY THE RESPONDENT
NO.1 DATED 11.06.2020 PRODUCED AT ANNEXURE-A.
W.P.No.8410/2020:
BETWEEN:
1. MR. VENKATARAJ .M
S/O. GOPALAKRISHNA BHAT .M
AGED ABOUT 44 YEARS,
R/AT D-205, RENAISSANCE BRINDAVAN APTS.,
13, UTTARAHALLI MAIN ROAD,
BANGALORE - 560 061.
2. MS. ESHA SINGH RAJKUMAR
W/O. RAGHUVEER RAJKUMAR
AGED ABOUT 38 YEARS,
SRI. LEELA HOME, #21, 2ND CROSS,
SHANKARPURAM, BASAVANAGUDI,
BANGALORE - 560 004.
3. MR. JAYANTH DATTATRI
S/O. LATE KODANDARAMA BHATTA
AGED ABOUT 44 YEARS,
R/AT 620, SARASWATHI,
-: 6 :-
18TH MAIN, PADMANABHANAGAR,
BANGALORE - 560 070.
4. BHARATH KUMAR MOHAN
S/O. K.S. MOHAN KUMAR
AGED ABOUT 43 YEARS,
R/AT THIRD FLOOR, T-1
SRI. LAKSHMI RANGADHAMA
3801, 13TH CROSS,
BANASHANKARI 2ND STAGE,
BENGALURU - 560 070.
5. MR. JAYANTH NAG .D
S/O. H.B. DAYANAND
AGED ABOUT 44 YEARS,
R/AT #98, 4TH CROSS,
NEHRU ROAD, GIRINAGAR 1ST PHASE,
BANGALORE - 560 085.
6. MS. JYOTHI BALLURGI
W/O. MR. CHETAN PATIL
AGED ABOUT 41 YEARS,
R/AT NO.34, GROUND FLOOR,
6TH B MAIN, GAURAV NAGAR,
J.P. NAGAR 7 PHASE,
BANGALORE - 560 078.
7. MR. PRABHAKAR .B
S/O. MR. BOREGOWDA
AGED ABOUT 49 YEARS,
R/AT NO.102, GROUND FLOOR,
PAVITHRA RESIDENCY #3 & 4,
1ST A MAIN, 3RD CROSS,
NEAR MODERN ENGLISH SCHOOL,
RAMANJANEYA LAYOUT,
BENGALURU - 560 061.
8. MS. ROOPASRI .S VITTAL
W/O. MR. GOWRISHANKAR
AGED ABOUT 44 YEARS,
R/AT NO.3210, SWASTI, 10TH MAIN,
4TH PHASE, GIRINAGAR,
3RD STAGE, BANASHANKARI,
BANGALORE - 560 085.
9. MS. AKHILA DESHPANDE
W/O. PRAJSWAL BHAT
AGED ABOUT 38 YEARS,
D-701, CENTURY CENTRAL,
-: 7 :-
KANAKAPURA ROAD,
KONANKUNTE CROSS,
BNAGALORE - 560 062.
10. MS. ARCHANA SURESH
W/O. VIJAY BHARADWAJ B104,
AGED ABOUT 43 YEARS,
RENAISSANCE BRINDAVAN,
UTTARAHALLI MAIN ROAD,
BANGALORE - 560 061. ... PETITIONERS
(BY SRI. N. GOWTHAM RAGHUNATH, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
DEPARTMENT OF PUBLIC INSTRUCTION,
AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. STATE OF KARNATAKA
MINISTER OF PRIMARY AND SECONDARY
EDUCATION AND SAKALA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
BENGALURU - 560 001.
3. STATE OF KARNATAKA
DEPARTMENT OF PUBLIC INSTRUCTION
REPRESENTED BY COMMISSIONER
FOR PUBLIC INSTRUCTION,
BENGALURU - 560 001. ... RESPONDENTS
(BY SMT. VANI H., ADDITIONAL GOVERNMENT ADVOCATE FOR
R-1 TO R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENTS NOT TO PROCEED WITH THE FRAMING OF
GUIDELINES IN CONSONANCE TO THE IMPUGNED CIRCULAR
DATED 11.06.2020 ANNEXURE-A.
W.P.No.8419/2020:
BETWEEN:
1. SOCIETY-ST. THERESA EDUCATIONAL,
CULTURAL AND SOCIAL DEVELOPMENT SOCIETY,
-: 8 :-
OFFICE AT 54/2 AND 55/2,
BILLEKAHALLI VILLAGE, BEGUR HOBLI,
BENGALURU - 560 076
REPTD. BY ITS AUTHORIZED SIGNATORY
SRI. L. SANJAY
AGED ABOUT 44 YEARS,
S/O. B. LAKSHMAN RAO
R/AT BENGALURU.
2. ORCHIDS THE INTERNATIONAL SCHOOL,
BTM LAYOUT, 3RD MAIN,
6TH CROSS, N.S. PALYA MAIN ROAD,
NEAR CAFE COFFEE DAY,
BILEKAHALLI,
BANGALORE - 560 076.
REP. BY ITS PRINCIPAL SMT. MANJULA .B
D/O. LATE RAMU,
AGED ABOUT 42 YEARS,
R/AT BENGALURU.
3. THE PARENTS TEACHERS ASSOCIATION OF
ORCHIDS THE INTERNATIONAL SCHOOL,
BTM LAYOUT,
REPRESENTED BY SRI. BALAJI
S/O. DR. KAMAL KANNAN DAS,
AGED ABOUT 40 YEARS,
R/AT FLAT NO.C204,
MANTRI APARTMENT,
RANK COLONY ROAD,
BTM 2ND STAGE, BENGALURU
PARENT OF NANDHAN,
STUDENT OF 5TH STANDARD,
IN ORCHIDS THE INTERNATIONAL SCHOOL.
4. VEDASRI PRAHARSHA .K
S/O. ADI SESHA RAO
AGED ABOUT 9 YEARS,
STUDENT OF 4TH STANDARD,
IN ORCHIDS THE INTERNATIONAL SCHOOL
REP. BY FATHER AND NATURAL GUARDIAN
SRI. ADI SESHA RAO,
R/AT BLOCK A-7, FLAT NO.603,
PARAMOUNT PALATUS APTS.,
AREKERE, 80 FEET ROAD,
BENGALURU - 560 076.
5. BALAJI DURGANNA
S/O. DURAGANNA,
AGED ABOUT 5 YEARS,
-: 9 :-
STUDENT OF 1ST STANDARD,
IN ORCHIDS THE INTERNATIONAL SCHOOL
REP. BY FATHER AND NATURAL GUARDIAN
SRI. DURGANNA,
R/AT DURGANNA 25/2,
3RD CROSS, NEAR PATTALAMMA TEMPLE,
BILEKAHALLI, BANGALORE.
6. KISHAN .R
S/O. IMPA,
AGED ABOUT 5.5 YEARS,
STUDENT OF 1ST STANDARD
IN ORCHIDS THE INTERNATIONAL SCHOOL,
SRI. IMPA
R/AT NO.295 DOOR NO.204,
LAKSHMI NIVAS BEHIND IIMB
BILEKAHALLI 1ST MAIN, 3RD CROSS,
BANNERGHATTA ROAD,
BANGALORE - 560 076.
7. MUGUNDHN
S/O. SMT. THENMOVHI
AGED ABOUT 4.5 YEARS,
STUDENT OF K1
IN ORCHIDS THE INTERNATIONAL SCHOOL,
REP. BY MOTHER AND NATURAL GUARDIAN
SMT. THENMOVHI
R/AT FLAT NO.C204. MANTRI APARTMENT,
RANK COLONY ROAD,
BTM 2ND STAGE, BENGALURU.
8. SMT. VINODHA .B
W/O. DILLI .A.C
AGED ABOUT 40 YEARS,
CO-ORDINATOR
IN ORCHIDS THE INTERNATIONAL SCHOOL,
R/AT #610, RAJ PARADISE,
BILEKAHALLI, OFF. BANNERGHATTA ROAD,
BANGALORE - 560 076.
9. SOWMYA .B.M
W/O. MOHAN KUMAR,
AGED ABOUT 43 YEARS,
CO-ORDINATOR
IN ORCHIDS THE INTERNATIONAL SCHOOL,
NO.91 , CHIRANTHANA,
4TH CROSS, 5TH BLOCK EAST,
JAYANAGAR, BANGALORE - 560 011.
-: 10 :-
10. AARTHYKA NAGARAJAN
W/O. NAGARAJAN,
AGED ABOUT 37 YEARS,
CO-ORDINATOR
IN ORCHIDS THE INTERNATIONAL SCHOOL,
NO.3021, KEERTHI RESIDENCY,
2ND MAIN ROAD,
KODICHIKKANAHALLI,
BANGALORE - 560 076. ... PETITIONERS
(BY SRI. MADUSUDAN R. NAIK, SENIOR COUNSEL FOR
SRI.SURAJ NAIK, ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY O HUMAN RESOURCE DEVELOPMENT
DEPT. OF SCHOOL LITERACY AND EDUCATION,
SHASTRI BHAWAN,
NEW DELHI - 110 001.
REPRESENTED BY ITS JOINT SECRETARY.
2. CENTRAL BOARD OF SECONDARY EDUCATION,
"SIKSHA SADAN" NO.17,
INSTITUTIONAL AREA, ROUSE AVENUE,
DELHI - 110 002
REPRESENTED BY ITS CHAIRPERSON.
3. STATE OF KARNATAKA
DEPARTMENT OF EDUCATION,
M.S. BUILDING,
DR. AMBEDKAR ROAD,
BENGALURU - 560 001.
REPRESENTED BY ITS SECRETARY.
4. THE COMMISSIONER FOR PUBLIC INSTRUCTION,
DEPARTMENT OF PUBLIC INSTRUCTION,
OFFICE OF THE COMMISSIONER
FOR PUBLIC INSTRUCTION,
NRUPATHUNGA ROAD,
BENGALURU - 560 001. ... RESPONDENTS
(BY SRI. B.S. VENKATANARAYANA, CGSC FOR R-1; SMT. VANI
H., ADDITIONAL GOVERNMENT ADVOCATE FOR R-3 & R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVT.
ORDER DATED 15.06.2020 AS PER ANNEXURE-A ISSUED BY
THE RESPONDENT NO.3 INSOFAR AS IT APPLIES TO CBSE
SCHOOLS AS ARBITRARY, ILLEGAL AND ULTRA-VIRES THE
-: 11 :-
PROVISIONS OF RIGHT TO EDUCATION ACT, 2009 AND THE
PROVISIONS OF THE KARNATAKA EDUCATION ACT, 1983; AND
DECLARE THAT THE STATE GOVERNMENT HAS NO AUTHORITY
TO IMPOSE RESTRICTION ON THE PETITIONER INSTITUTION
TO IMPART ONLINE CLASSES FOR STUDENTS UNDER THE CBSE
SCHEME FROM LKG TO CLASS 10.
W.P.No.8421/2020:
BETWEEN:
VINOD RAJARAMAN
S/O. V. RAJARAMAN,
AGED ABOUT 41 YEARS,
RESIDING AT NO.4153,
PRESTIGE SHANTINIKETAN,
ITPL ROAD, BENGALURU - 560 048. ... PETITIONER
(BY SRI. PRAMOD NAIR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTMENT OF PRIMARY AND
SECONDARY EDUCATION,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. OFFICE OF THE COMMISSIONER FOR
PUBLIC INSTRUCTION,
REPRESENTED BY THE DIRECTOR OF
PUBLIC INSTRUCTION,
NEW PUBLIC OFFICE, NEAR-RBI,
NRUPATHUNGA ROAD, AMBEDKAR VEEDHI,
SAMPANGI RAMA NAGAR,
BENGALURU,
KARNATAKA - 560 001. ... RESPONDENTS
(BY SMT. VANI H., ADDITIONAL GOVERNMENT ADVOCATE FOR
R-1 & R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, 1950 PRAYING TO SET ASIDE
OR QUASHING THE GOVERNMENT ORDER DATED 15.06.2020
(ANNEXURE-A).
W.P.No.8422/2020:
BETWEEN:
1. SRI. SAHAKARA EDUCATION SOCIETY (R)
OFFICE AT NTI LAYOUT,
-: 12 :-
RAJIV GANDHI NAGAR,
SAHAKARANAGAR,
BANGALORE - 560 097,
REPTD. BY ITS AUTHORIZED SIGNATORY,
SRI. ASHISH KUMAR
S/O. MITHILESHWAR MAHTO,
AGED ABOUT 32 YEARS,
R/AT BENGALURU.
2. SCHOOL VIVEKANANDA NTI LAYOUT,
RAJIV GANDHI NAGAR,
SAHAKARANAGAR,
BANGALORE - 560 097,
REPTD. BY ITS PRINCIPAL,
MS. AMITA SHIREESH,
W/O. MR. SHIREESH,
AGED ABOUT 63 YEARS,
R/AT BENGALURU,
3. THE PARENTS TEACHERS ASSOCIATION
OF SCHOOL VIVEKANANDA,
REP. BY SRI SHIVARAMA KRISHNA TALASILA,
S/O. T. PRASAD,
AGED ABOUT 37 YEARS,
R/AT 202, RAMANJINI FORTHOUSE,
BALAJI LAYOUT, AMCO LAYOUT,
KOTA HOSAHALLI, BANGALORE NORTH,
BANGALORE - 560 094,
PARENT OF JOYA
STUDENT OF G-1,
IN SCHOOL VIVEKANANDA.
4. AMOGH
S/O. NAVEEN .B.S,
AGED ABOUT 6 YEARS,
STUDENT OF G-2, IN SCHOOL VIVEKANANDA,
REP. BY FATHER AND NATURAL GUARDIAN
SRI. NAVEEN .B.S,
R/AT NO.15, 1ST MAIN,
2ND CROSS, B.K. LAYOUT,
THINDLU BANGALORE NORTH,
VIDYARANYAPURA,
BENGALURU - 560 097.
5. VIVAN ARAS
S/O. MR. SHASHIDHAR,
AGED ABOUT 6 YEARS,
STUDENT OF G-1,
IN SCHOOL VIVEKANANDA,
REP. BY MOTHER AND NATURAL GUARDIAN
-: 13 :-
MEGHANA .T.V,
R/AT NO.06, ANUGRAHA NILAYA,
BEHIND MARAMMA TEMPLE,
NEAR KODIGEHALLI RAILWAY GATE,
VIRUPAKASHAPURA,
BENGALURU - 560 097.
6. VRUTHI
D/O. MR. SHASHIDHAR,
AGED ABOUT 6 YEARS,
STUDENT OF G-1,
IN SCHOOL VIVEKANANDA,
REP. BY FATHER AND NATURAL GUARDIAN
MR. SHASHIDHAR,
R/AT NO.06, ANUGRAHA NILAYA,
BEHIND MARAMMA TEMPLE,
NEAR KODIGEHALLI RAILWAY GATE,
VIRUPAKASHAPURA,
BENGALURU - 560 097.
7. KOSHAL .V
D/O. VINAY,
AGED ABOUT 4 YEARS,
STUDENT OF G-1,
IN SCHOOL VIVEKANANDA,
REP. BY MOTHER AND NATURAL GUARDIAN
PRAFULLA VINAY,
R/AT NO.517, 2ND BLOCK,
1ST FLOOR, 6TH CROSS,
8TH MAIN, HMT LAYOUT,
NEAR CHANDANA PALACE,
BENGALURU - 560 097.
8. ABDULLAH SATTAR
S/O. MR. SATTAR NUSAR,
AGED ABOUT 6 YEARS,
STUDENT OF G-1,
IN SCHOOL VIVEKANANDA,
REP. BY MOTHER AND NATURAL GUARDIAN
AYNAZ NUSRATH SATTAR,
R/AT NO.12, 1ST A CROSS,
NEAR EMPIRE HOTEL RAHMATH NAGAR,
BANGALORE NORTH,
BENGALURU - 560 032.
9. MOHAMMED SATTAR
S/O. MR. SATTAR NUSAR,
AGED ABOUT 10 YEARS,
STUDENT OF G-5,
IN SCHOOL VIVEKANANDA,
-: 14 :-
REP. BY FATHER AND NATURAL GUARDIAN
MR. SATTAR NUSAR,
R/AT NO.12, 1ST A CROSS,
NEAR EMPIRE HOTEL, RAHMATH NAGAR,
BANGALORE NORTH,
BENGALURU - 560 032.
10. SWAMIKA MAHADEVAN
D/O. R. MAHADEVAN,
AGED ABOUT 5 YEARS,
STUDENT OF K-2,
IN SCHOOL VIVEKANANDA,
REP. BY FATHER AND NATURAL GUARDIAN
R. MAHADEVAN,
R/AT NO.483, RESIDENCE 9,
S-3 C Q A L LAYOUT,
SAHAKARNAGAR P.O.,
SAHAKARANAGAR,
BENGALURU - 560 092.
11. PARAM
S/O. SHASHI CHURLWALA,
AGED ABOUT 7 YEARS,
STUDENT OF G-2,
IN SCHOOL VIVEKANANDA,
REP. BY FATHER AND NATURAL GUARDIAN
SHASHI CHURLWALA,
R/AT SATYA GREENS APT.,
FLAT NO.S 905/505.
SOUTH BLOCK, SIR M.V. LAYOUT,
TINDLU, BENGALURU - 560 097.
12. MIHIKA
D/O. SHARAD CHURIWALA,
AGED ABOUT 6 YEARS,
STUDENT OF G-1,
IN SCHOOL VIVEKANANDA,
REP. BY MOTHER AND NATURAL GUARDIAN
PRIYANKA CHURIWALA,
R/AT T-01, PEAR NACRE APT.,
BHOOPASANDRA MAIN ROAD,
NEAR POOJA BAKERY,
NAGASHETTY HALLI,
RMV EXTN. II STAGE,
BENGALURU - 560 094.
13. NAVITHA VENKATESH
D/O. MR. M.S. VENKATESH,
AGED ABOUT 6 YEARS,
STUDENT OF G-1,
-: 15 :-
IN SCHOOL VIVEKANANDA,
REP. BY FATHER AND NATURAL GUARDIAN
M.S. VENKATESH,
R/AT NO.12, F-1, ISHAAN APT.,
1ST CROSS, 8TH A MAIN,
SRINIDHI LAYOUT, VIDYARANYAPURA,
OLD POST OFFICE ROAD,
BENGALURU - 560 097.
14. DURGA SHARANYA SHREE
D/O. AJAY KRISHNA
AGED ABOUT 6 YEARS,
STUDENT OF G-1,
IN SCHOOL VIVEKANANDA,
REP. BY MOTHER AND NATURAL GUARDIAN,
CHAMUNDESHWARI,
R/AT 19-10, INDUSTRIAL COLONY,
DOWLAISWARAM,
DOWLAISWRAM RAJAHMUNDRY,
RURAL, AP - 533 124.
15. BHUVANA
D/O. MR. RAJENDRA B.K.,
AGED ABOUT 6 YEARS,
STUDENT OF G-1,
IN SCHOOL VIVEKANANDA,
REP. BY FATHER AND NATURAL GUARDIAN,
MR. RAJENDRA B.K.,
R/AT NO.313, F-BLOCK,
10TH CROSS, NER NORTH SIDE,
HOSPITAL, SAHAKARANAGAR,
BANGALORE NORTH,
BENGALURU - 560 092.
16. ANANYA
D/O. MR. ARUN S. RAO,
AGED ABOUT 6 YEARS,
STUDENT OF G-1,
IN SCHOOL VIVEKANANDA,
REP. BY MOTHER AND NATURAL GUARDIAN
ASHWINI R. KASHYAP,
R/AT NO.2, DENA BANK ROAD,
SANJAYNAGAR, RMV 2ND STAGE,
NEAR VAIBHAV THEATRE,
BENGALURU - 560 094.
17. SHAILAJA .G.R
W/O. RANGARAJU .L.A,
AGED ABOUT 50 YEARS,
CO-ORDINATOR IN SCHOOL VIVEKANANDA,
-: 16 :-
NO.559, 8TH CROSS, 8TH MAIN,
COFFEE BOARD LAYOUT,
HEBBAL KEMPAPURA,
H.A. FARM, BENGALURU - 560 094.
18. ANITHA S. KULKARNI,
W/O. SUHAS K.S. KULKARNI,
AGED ABOUT 54 YEARS,
CO-ORDINATOR IN SCHOOL VIVEKANANDA,
NO.1154, KRISHNA,
20 B CROSS, 20TH MAIN,
A BLOCK, SAHAKARNAGAR,
BENGALURU - 560 092.
19. MEENA V.
W/O. K.V. RAVISHANKAR
AGED ABOUT 47 YEARS,
TEACHER IN SCHOOL VIVEKANANDA,
NO.136, RAJIV GANDHI NAGAR,
NTI LAYOUT 1ST PHASE,
BANGALORE NORTH,
SAHAKARANAGAR,
BENGALURU - 560 092. ... PETITIONERS
(BY SRI. MADHUSUDHAN R. NAIK, SENIOR COUNSEL FOR SRI.
SURAJ NAIK, ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF HUMAN RESOURCE DEVELOPMENT,
DEPT. OF SCHOOL LITERACY AND EDUCATION
SHASTRI BHAWAN,
NEW DELHI - 110 001,
REPRESENTED BY ITS JOINT SECRETARY.
2. COUNCIL FOR THE INDIAN SCHOOL
CERTIFICATE EXAMINATIONS
PRAGATHI HOUSE,
3RD FLOOR, 47-48, NEHRU PLACE,
NEW DELHI - 110 019,
REPRESENTED BY ITS SECRETARY.
3. STATE OF KARNATAKA
DEPARTMENT OF EDUCATION,
M.S. BUILDING, DR. AMBEDKAR ROAD,
BENGALURU - 560 001
REPRESENTED BY ITS SECRETARY.
-: 17 :-
4. THE COMMISSIONER FOR PUBLIC INSTRUCTION,
DEPARTMENT OF PUBLIC INSTRUCTION,
OFFICE OF THE COMMISSIONER
FOR PUBLIC INSTRUCTION,
NRUPATUNGA ROAD,
BENGALURU - 560 001. ... RESPONDENTS
(BY SRI B.S. VENKATANARAYANA, CGSC FOR R-1; SMT. VANI
H., ADDITIONAL GOVERNMENT ADVOCATE FOR R-3 & R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVT.
ORDER DATED 15.06.2020 AS PER ANNEXURE-A ISSUED BY
THE RESPONDENT NO.3 IN SO FAR AS IT APPLIED TO ICSE
SCHOOLS AS ARBITRARY, ILLEGAL AND ULTRA-VIRES THE
PROVISIONS OF RIGHT TO EDUCATION ACT, 2009 AND THE
PROVISIONS OF THE KARNATAKA EDUCATION ACT, 1983 AND
DECLARE THAT THE STATE GOVERNMENT HAS NO AUTHORITY
TO IMPOSE RESTRICTION ON THE PETITIONER INSTITUTION
TO IMPART ONLINE CLASSES FOR STUDENTS UNDER THE ICSE
SCHEME FROM LKG TO CLASS 10.
W.P.No.8423/2020:
BETWEEN:
1. DR. SANGEETA .J
AGED ABOUT 39 YEARS,
W/O. DR. VAMSI KALYAN .Y
R/O. #3, SHARADA GRAND, FFO2,
BYRASANDRA MAIN ROAD,
JAYANAGAR 1ST BLOCK,
BANGALORE - 560 011.
2. MRS. CHAITRA CHIDANAND
AGED ABOUT 40 YEARS,
W/O SWADESH SRIVASTAVA,
R/O. #40, RENAISSANCE HVV VALLEY,
JALAHALLI, BANGALORE - 560 015.
3. MRS. KUNDHAVI RAMACHANDRAN
AGED ABOUT 35 YEARS,
W/O. ARUN .M.K
R/O. D301, JAIN HEIGHTS,
EAST PARADE, L.N. REDDY MAIN ROAD,
VIGNANA NAGAR,
BANGALORE - 560 037.
4. MRS. SWAGATIKA PANDA
AGED ABOUT 41 YEARS,
-: 18 :-
W/O. SUMIT MISHRA
R/O. VILLA 45, PRESTIGE OZONE,
WHITEFIELD MAIN ROAD,
BANGALORE - 560 066. ... PETITIONERS
(BY SRI. VINOD KUMAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH PRINCIPAL SECRETARY
DEPARTMENT OF PRIMARY AND
SECONDARY EDUCATION,
GOVERNMENT OF KARNATAKA,
M.S. BUILDING, 7TH FLOOR,
B.R. AMBEDKAR VEEDHI,
BANGALORE - 560 001.
[email protected]
2. THE COMMISSIONER,
DEPARTMENT OF PUBLIC INSTRUCTION,
GOVERNMENT OF KARNATAKA,
N.T. ROAD, BANGALORE - 560 026.
EMAIL- [email protected]
3. DIRECTOR OF PUBLIC INSTRUCTIONS
(PRIMARY EDUCATION),
DEPARTMENT OF PUBLIC INSTRUCTION,
GOVERNMENT OF KARNATAKA,
N.T. ROAD, BANGALORE - 560 026.
EMAIL- [email protected]
4. COUNCIL FOR THE INDIAN SCHOOL
CERTIFICATE EXAMINATIONS,
THROUGH ITS CHAIRMAN,
P 35-36, SECTOR VI, PUSHP VIHAR SAKET,
NEW DELHI, DELHI - 110 017.
E-MAIL - [email protected]
5. INDIAN MONTESSORI CENTRE
THROUGH ITS PRESIDENT,
KARNATAKA CHAPTER
165/A, 'SHASHI', 2ND FLOOR,
6TH MAIN, 3RD PHASE, J.P. NAGAR,
OPP. SHIVABALAYOGI ASHRAM,
BANGALORE - 560 078.
EMAIL- [email protected]
6. IB BACCALAUREATE
THROUGH ITS DEVELOPMENT MANAGER, INDIA
-: 19 :-
600 NORTH BRIDGE ROAD,
#21-01 PARKVIEW SQUARE,
SINGAPORE - 188 778.
REPUBLIC OF SINGAPORE
[email protected]. ... RESPONDENTS
(BY SMT. VANI H., ADDITIONAL GOVERNMENT ADVOCATE FOR
R-1 TO R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE GOVERNMENT ORDER DATED 15.06.2020 TO THE EXTENT
THAT IS COMPLETELY PROHIBITS/BANS ONLINE/OFFLINE
TEACHING FROM LKG TO 5TH STANDARD FOR SCHOOLS
GOVERNED BY THE ICSE/CBSE/INCLUDING INTERNATIONAL
CURRICULUM VIDE ANNEXURE-T AND QUASH AN EXECUTIVE
ORDER DATED 11.06.2020 ISSUED BY THE MINISTER FOR
PRIMARY AND SECONDARY EDUCATION AND SAKALA VIDE
ANNEXURE-S AND ETC.
W.P.No.8424/2020:
BETWEEN:
1. ASHWINI R HEGDE
W/O. ATUL R. HEGDE
AGED 39 YEARS,
RESIDING AT VILLA 295,
CONCORDE NAPA VALLEY
KANAKAPURA MAIN ROAD
BANGALORE - 560 082.
2. KSHAMA RAVIKUMAR
W/O. ASHWIN SAMEERAN MUKUNDAN,
AGED 35 YEARS,
RESIDING AT 7777, 16TH MAIN ROAD,
BANASHANKARI II STAGE,
BANGALORE - 560 070.
3. MEGHNA SURYAKUMAR
W/O. SANDEEP RAMANUJAPURAM ANANDAMPILLAI,
AGED 39 YEARS,
RESIDING AT F31, USHAS APARTMENT,
16TH MAIN ROAD,
JAYANAGAR 4TH BLOCK,
BANGALORE - 560 011. ... PETITIONERS
(BY MRS. JOYNA KOTHARI, ADVOCATE FOR SRI. ROHAN
KOTHARI, ADVOCATE)
-: 20 :-
AND:
1. STATE OF KARNATAKA
THROUGH DEPARTMENT OF PRIMARY EDUCATION,
2ND FLOOR, VIDHANA SOUDHA,
BENGALURU - 560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. COMMISSIONER FOR PUBLIC INSTRUCTION
NEW PUBLIC OFFICE, NEAR-RBI,
NRUPATHUNGA RD, AMBEDKAR VEEDHI,
SAMPANGI RAMA NAGAR,
BENGALURU,
KARNATAKA - 560 001. ... RESPONDENTS
(BY SMT. VANI H., ADDITIONAL GOVERNMENT ADVOCATE FOR
R-1 & R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO
QUASH THE GOVERNMENT ORDER DATED 15.06.2020
PRODUCED HEREIN AS ANNEXURE-D ISSUED BY THE
RESPONDENT NO.1 AND QUASH THE NOTE DATED 11.06.2020
PRODUCED HEREIN AS ANNEXURE-C ISSUED BY THE
RESPONDENT NO.1.
W.P.No.8463/2020:
BETWEEN:
1. INVENTURE ACADEMY
WHITEFIELD - SARJAPUR ROAD,
CHIKKAVADERAPURA,
NEAR DOMMASANDRA CIRCLE,
BENGALURU - 562 125
REPRESENTED BY ITS MANAGING TRUSTEE,
MS. NOORAINE HASSAN FAZAL.
2. CANADIAN INTERNATIONAL SCHOOL BANGALORE
#4 AND 20, MANCHENAHALLI,
YELAHANKA,
BANGALORE - 560 064
REPRESENTD BY ITS MANAGING DIRECTOR,
MS. SHWETA SASTRI.
3. HARVEST INTERNATIONAL SCHOOL
POST SILK FARM, VILLAGE,
OFF SARJAPUR RD, NEAR KODATHI,
CARMELARAM, KODATHI,
-: 21 :-
BENGALURU - 560 035
REPRESENTED BY ITS SIGNATORY,
MR. RAM PRASAD.
4. ACE CHARITABLE TRUST
NO.29/10A 14TH B CROSS,
SARAKKI LAYOUT, 1ST PHASE, J.P. NAGAR,
BANGALORE - 560 078.
REPRESENTED BY ITS TRUSTEE,
MS. TASBIA KHAN.
5. UJWAL TRUST
BEHIND NIPCCD BUILDING,
RWF WEST COLONY,
YELAHANKA NEW TOWN,
BENGALURU - 560 106
REPRESENTED BY ITS TRUSTEE,
MR. SHIVRAM WARRIOR.
6. FREEDOM INTERNATIONAL SCHOOL
C A #33, SECTOR IV,
HSR LAYOUT,
BENGALURU - 560 102
REP. BY ITS DIRECTOR - ADMINISTRATION,
MS. SUSHAMA RAJESH RAO.
7. K.K. EDUCATIONAL AND CHARITABLE TRUST
SURVEY NO.35/1A,
SATHNUR VILLAGE, BAGALUR POST,
OFF BELLARY ROAD, JALLA HOBLI,
BANGALORE
REPRESENTED BY ITS SECRETARY
MR. MAQSOOD ALI KHAN.
8. MEERABO GLOBAL FOUNDATION
1 AND 112, VITTASANDRA MAIN ROAD,
BEGUR, BENGALURU - 560 100
REPRESENTED BY ITS
ASSISTANT MANAGER LEGAL
MR. ANAND KRISHNA.
9. K.J. FOUNDATION
38, BYRASANDRA MAIN ROAD,
G M PALYA, NEAR-CAUVERY SUPPLY MARKET,
NEW THIPPASANDRA,
BENGALURU, KARNATAKA - 560 075.
REPRESENTED BY ITS AVP - OPERATIONS
MR.MUNEER A.K.
-: 22 :-
10. GREENWOOD HIGH TRUST
NO.8-14, CHIKKAWADAYARAPURA,
NEAR HEGGONDAHALLI, GUNJUR POST,
VARTHUR SARJAPUR ROAD,
BANGALORE - 560 087.
REPRESENTED BY ITS MANAGING TRUSTEE,
MR. MANAS MALHOTRA.
11. VIDYANIKETAN SCHOOL
#30, KEMPAPURA, HEBBAL,
BANGALORE - 560 024
REPRESENTED BY ITS PRINCIPAL
MRS. LALITHA DESIKAN.
12. BANGALORE INTERNATIONAL SCHOOL TRUST
GEDALAHALLI,
HENNUR BAGALUR ROAD,
KOTHANUR POST,
BANGALORE - 560 077
REPRESENTED BY ITS SECRETARY,
G. YADAV KUMAR.
13. VIJAYKIRAN EDUCATIONAL TRUST
154/1, VIJAY KIRAN KNOWLEDGE PARK,
5TH MAIN, MALLESHPALYA,
NEW THIUPPASANDRA (PO),
BANGALORE - 560 075
REPRESENTED BY ITS TRUSTEE,
N. VIJAY KUMAR.
14. YENKAY EDUCATIONAL TRUST
3, H A L, BENGALURU - 560 075
REPRESENTED BY ITS
CHIEF OPERATING OFFICER,
MR. VIKRAM KRISHNAN SUNDERRAJAN.
15. CAPSTONE HIGH
164, NH-75, KOLAR HIGHWAY,
OPP. MVJ MEDICAL COLLEGE, HOSKOTE,
BANGALORE RURAL - 562 114
REPRESENTED BY ITS CHAIRMAN
MR. MOHAMMED SHAHBAZ SAMAD.
16. A.H. MEMORIAL EDUCATIONAL TRUST
83, VENKATADRI COMPLEX,
RICHMOND ROAD,
BANGALORE - 560 025
REPRESENTED BY ITS MANAGING TRUSTEE
MR. NISSAR AHMED.
-: 23 :-
17. PARIKRAMA HUMANITY FOUNDATION
1846, 3RD MAIN, BLOCK 'C' SAHAKARANAGAR,
BANGALORE - 560 092
REPRESENTED BY ITS SECRETARY
MR. SHUKLA BOSE.
18. INDUS INTERNATIONAL SCHOOL
BILLAPURA CROSS, SARJAPUR,
BANGALORE - 562 125
REPRESENTED BY ITS MANAGING DIRECTOR,
LT. GEN. ARJUN RAY (RETD.)
19. VIDYASHILP ACADEMY
2/3, SHIVANAHALLI,
YELAHANKA,
BENGALURU - 560 064
REPRESENTED BY ITS HEAD OF SCHOOL,
MRS. KALAI SELVI.
20. DEENS EDUCATIONAL TRUST
NO. 64/1 AND 65/2, ECC ROAD,
DODSWORTH LAYOUT,
WHITEFIELD,
BENGALURU - 560 066
REPRESENTED BY ITS PRESIDENT
MR. S.A.R. ADIL.
21. KUNSKAPSSKOLEN BENGALURU
92/1, SARJAPUR - CHANDAPURA ROAD,
MUTHANALLUR CROSS,
BENGALURU - 562 125
REPRESENTED BY ITS HEADMISTRESS
MR. TAMOSHI GHOSH.
22. LEGACY SCHOOL
6/1 A, 6/2 BYRATHI VILLAGE,
BIDARAHALLI HOBLI, EAST TALUK,
BANGALORE - 560 077
REPRESENTED BY ITS EXECUTIVE DIRECTOR
MR. SAAD SAIT.
23. GEAR FOUNDATION
175, GEAR ROAD,
OFF OUTER RING ROAD,
BANGALORE - 560 035
REPRESENTED BY ITS CHAIRMAN,
MR. M. SRINIVASAN.
24. CHRYSALIS HIGH
SURVEY NO.219/3 AND 219/5,
-: 24 :-
VARTHUR MAIN ROAD,
BENGALURU - 560 087
REPRESENTED BY ITS MANAGING TRUSTEE
MR. SAWAL DAS JETHANI.
25. MASTER. NEEV KIRAN JOHN
MINOR,
REP. BY HIS FATHER AND NATURAL GUARDIAN
KIRAN JOHN,
NO.601, STERLING ORCHARDS,
217, 5TH CROSS, RMV EXTN.,
BANGALORE - 560 080.
26. MASTER. VED KIRAN JOHN
MINOR,
REP. BY HIS FATHER AND NATURAL GUARDIAN,
KIRAN JOHN,
NO.601, STERLING ORCHARDS,
217, 5TH CROSS, RMV EXTN.,
BANGALORE - 560 080.
27. MRS. ANU MISHRA
D/O. ANUP KUMAR JHA
AGED ABOUT 38 YEARS,
RESIDING AT 21174,
PRESTIGE SHANTINIKETAN
ITPL HOODI,
BANGALORE - 560 048.
28. MRS. NIKHAR RAVINDER
W/O. V. RAVINDER
AGED ABOUT 39 YEARS,
RESIDING AT 132 TZED HOMES
WHITEFIELD,
BANGALORE - 560 066.
29. MRS. PRACHI CHANDRA
D/O. ANUPAM CHOUDHARI
AGED ABOUT 34 YEARS
RESIDING AT 1126,
PRESTIGE SHANTINIKETAN,
WHITEFILED MAIN ROAD,
BANGALORE - 560 066.
30. MRS. APARNA SAMPATH KUMAR
W/O. SATYAM GARUDADRI
AGED ABOUT 41 YEARS
RESIDING AT 422 TZED HOMES
RAMAGONDANAHALLI BOREWELL ROAD,
-: 25 :-
RAMAGONDANAHALLI,
BANGALORE - 560 066.
31. MRS. SREELAKSHMI VINODKUMAR
W/O. VINODKUMAR
AGED ABOUT 39 YEARS,
RESIDING AT G1, SONASTA RESIDENCY,
5TH MAIN, 7TH CROSS,
MALLESHPALYA,
BANGALORE - 560 075.
32. MRS. KOMALA KUMARI .V.S
W/O. RAJEEV GOPINATHAN
AGED ABOUT 46 YEARS,
RESIDING AT NO.630,
REJOY NIVAS, BASAVANAGAR
BANGALORE - 560 010.
33. MRS. ASHWINI SATYANARAYAN
W/O. RAHUL KULKARNI
AGED ABOUT 38 YEARS
RESIDING AT L-77,
7TH LIC COLONY, J.B. NAGAR,
BANGALORE - 560 075.
34. MRS. SHASHI BHAT
W/O. SATHYANARAYANA .K.S
AGED ABOUT 43 YEARS,
RESIDING AT 1555/G, 1ST CROSS,
ADITHYA SOIGNE CYNOSURE 213,
SHIVANANDANAGAR,
NEW THIPPASANDRA,
BANGALROE - 560 075.
35. MRS. SHRADDHA SWAIKA
W/O. VISHAL SWAIKA
AGED ABOUT 42 YEARS,
RESIDING AT A101, KEERTHI REGENCY,
2A KAGGADASAPURA MAIN ROAD,
BANGALORE - 560 075.
36. MRS. KANIKA MEHROTRA
W/O. SAURABH GUPTA
AGED ABOUT 35 YEARS
RESIDING AT TOWER 33224,
PRESTIGE LAKESIDE HABITAT,
28/2, SH 35, DEVASTHANAGALU,
GUNJUR VILLAGE,
BANGALORE - 560 087.
-: 26 :-
37. MRS. MEERA MUDBIDRI
D/O. LATE S. RAJAN
AGED ABOUT 43 YEARS
RESIDING AT 321 TZED HOMES,
RAMAGONDANAHALLI BOREWELL ROAD,
RAMAGONDANAHALLI,
BANGALORE - 560 066.
38. MRS. TAPARIYA MITRA
D/O. ANJAN CHATTERJEE
AGED ABOUT 35 YEARS
RESIDING AT FLAT B 208.
SAI RAGHAVENDRA'S BLOOMFIELDS,
SURVEY NO 43, 7TH CROSS,
RAMAGONDANAHALLI BOREWELL ROAD,
WHITEFIELD,
BANGALORE - 560 066. ... PETITIONERS
(BY SRI. VIVEK HOLLA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF EDUCATION,
VIKASA SOUDHA,
BENGALURU - 560 001.
2. THE UNDER SECRETARY TO GOVERNMENT,
EDUCATION DEPARTMENT (PRIMARY),
GOVERNMENT OF KARNATAKA,
VIKASA SOUDHA,
BENGALURU - 560 001. ... RESPONDENTS
(BY SMT. VANI H., ADDITIONAL GOVERNMENT ADVOCATE FOR
R-1 & R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE GOVERNMENT ORDER DATED 15.06.2020 ANNEXURE-A
DIRECT THE RESPONDENTS TO PAY THE COSTS OF THIS
PETITION AND ETC.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
NAGARATHNA J., MADE THE FOLLOWING:
-: 27 :-
ORDER
Though these writ petitions, which are stated to be filed in public interest, are listed for preliminary hearing, with the consent of learned Senior Counsel as well as learned counsel appearing for the respective parties and learned Additional Government Advocate appearing for the State, they are heard finally.
2. These writ petitions voice the concern of the petitioners, who have filed these writ petitions in public interest with regard to the manner in which online education was being imparted immediately after closure of schools and pursuant to the lockdown declared by the Central and State Governments owing to the corona virus Covid-19 pandemic in the country.
3. For the sake of convenience, the prayers and interim prayers sought by the petitioners in Writ Petition No.8424/2020, are extracted as under:-
"PRAYER WHEREFORE, in light of the facts of the present petition and grounds pleaded by the petitioners, it is humbly submitted that this Hon'ble Court be pleased to:-: 28 :-
A. Issue a writ of Certiorari or any other writ quashing the Government Order dated 15.6.2020 bearing NO.EP 139 PGC 2020, produced herein as Annexure-D issued by the respondent No.1.
B. Issue a writ of Certiorari or any other writ quashing the note dated 11.06.2020 bearing No.P.S.E.S.M./4841/2019-20 produced herein as Annexure-C issued by the respondent No.1; and C. Pass any such order and/or direction which this Hon'ble Court deems fit in the facts and circumstances of the present case, in the interest of justice and equity.
INTERIM PRAYER Pending hearing and final disposal of the above petition, it is most respectfully prayed that the Hon'ble Court be pleased to stay the operation of the Government Order dated 15.6.2020 bearing No.EP 139 PGC 2020 produced herein and Annexure-D and note dated 11.06.2020 bearing No.P.S.E.S.M./4841/2019-20 produced herein as Annexure-C, issued by the respondent No.1 prohibiting online classes for learners upto 5th standard, in the interest of justice and equity."
4. In substance, the petitioners assailed the Government Order dated 15.06.2020 and Note dated -: 29 :- 11.06.2020 and another Government Order dated 27.06.2020 issued by the State with regard to conducting of online classes for the respective students studying in class LKG upto 5th standard and thereafter from 6th standard upto 10th standard.
5. The petitioners were aggrieved by the prohibition of online classes of children in kinder garten and restrictions on time in conducting online classes for the students of other standards in the schools.
6. When all these cases were listed before this Court on 08.07.2020, a Co-ordinate Bench of this Court considered the issues raised in these petitions and passed a detailed interim order and also certain directions were issued.
7. For the sake of convenience, the directions issued in paragraph 53 of the interim order are extracted as under:
"53. For the reasons which we have recorded above, we pass the following interim order:
(i) As it is clarified that the note dated 11th June 2020 signed by the Hon'ble -: 30 :- Minister is not an order, it is not necessary for us to pass any interim relief as regards the said note;
(ii) As regards the orders dated 15th June 2020 and 27th June 2020, that part of the said orders which impose a ban/embargo/restriction on the conduct of online classes/online coaching by the schools for the students of LKG to Class X will remain stayed;
(iii) While we pass this interim order, we make it clear that this order shall not be construed to mean that the authorities of the school have a right to make online education compulsory or hae a right to charge extra fee for conducting online classes. Our order should not be construed to mean tht the students who do not opt for online training or online classes conducted by the schools should be deprived of their normal education.
As and when the schools are in a position to start the normal academic session, the schools will have to ensure that the students who have not opted for online education do not suffer:
(iv) We clarify that till the disposal of the petitions, the directions issued in the order dated 15th June 2020 of imposing complete prohibition on online teaching for LKG to Class V will remain stayed;-: 31 :-
(v) The order dated 27th June 2020 in so far as it prohibits conducting of online coaching/classes for pre-primary section will remain stayed. The said order in so far as it imposes restrictions/curbs on conducting online learning classes from Class I to Class X will remain stayed;
(vi) We grant time of four weeks to the respondents to file statement of objections."
8. The reasons for issuing the said directions may be extracted from the interim order as under:-
"4. Now we proceed to consider the prayers made in this group of writ petitions for grant of interim relief. Before we record the submissions in brief, few factual aspects will have to be noted. In substance, the challenge in these writ petitions is to the decision of the Government of Karnataka to impose a ban/restriction of online education imparted by the schools to the children of various age groups.
x x x
16. Essentially there are three challenges in this group of writ petitions. The first one is to the note dated 11th June, 2020 signed by the Hon'ble Minister, the second is to the order dated 15th June, 2020 passed by the State Government and the third is to the first order of 27th June, 2020 imposing an embargo on the conduct of online classes.-: 32 :-
20. It was pointed out that in other parts of the nation, online education has been permitted. It was pointed out that as far as the schools governed by CBSE syllabus are concerned, in other states, online education has been permitted and therefore, the action of putting restrictions or embargo on online education conducted by CBSE schools in the State amounts to violation of the fundamental rights conferred by Article 14 of the Constitution of India.
x x x
39. It is very difficult to understand what prompted the State Government to impose the restrictions or to put restraints on conducting online education for Classes VI to X, when no such curbs or restrictions were in force even under the order dated 15th June, 2020. Under th the order dated 27 June, 2020, a complete prohibition was imposed on any kind of online education for pre-primary sections by providing that on any one day in a week, there could be an interaction only with the parents for not more than 30 minutes.
40. In the order dated 27th June, 2020, there is a specific reference to the order of this Court dated 26th June, 2020 and the Government Order dated 15 th June, 2020. Prima facie, it appears to be very strange to us as to why the State Government came out with the -: 33 :- embargo in terms of time limit of 30 minutes even on the interaction with the parents of children in the pre-primary section. The order says that on any one of the week days, there can be interaction solely with the parents for guiding them for not more than 30 minutes. The order dated 27th June, 2020 permits limited online learning for Classes I to V for not more than two sessions of 30 to 45 minutes (maximum of three days in a week) on alternate days.
41. The conclusion which can be drawn from the above discussion is that the right to have online education for pre-primary section was completely taken away and several restrictions were imposed for online learning for Classes I to V and Classes VI to X. Therefore, there is no difficulty in recording a prima facie finding that both the orders encroach upon the fundamental rights conferred on the students by Articles 21 and 21A of the Constitution of India. We must note here that under the order dated 29th June, 2020 issued by the Chairman, National Executive Committee in exercise of the powers under clause (l) of sub-section (2) of Section 10 of the said Act of 2005, there is a complete prohibition on the running of schools till 31st July, 2020. The same order provides that online education should not only be continued but should be encouraged. This order, -: 34 :- prima facie, binds the State Government in view of Section 72 of the said Act of 2005.
42. There cannot be any dispute that the normal academic term of all the schools has already commenced. But the schools cannot be opened. Therefore, the only way available for imparting education to the school children is providing the facility of online coaching or online training and that is how, prima facie, we are of the view that both the said orders violate the fundamental rights conferred by Articles 21 and 21A of the Constitution. The fundamental rights cannot be taken away or curtailed by issuing executive orders. For example, in view of the order dated 27 th June, 2020, online education of the children in Classes I to V will remain confined to a maximum of 90 minutes in a day, that too, for a maximum of three days in a week. Online education of children belonging to Classes VI to VIII will be of a maximum of one- and-a-half hours for five days in a week. This has to be appreciated in the context of sub- clause (1) of clause (i) of the guidelines dated 29th June, 2020 issued under the order of the same date which direct that the schools shall remain closed till 31st July, 2020 and therefore, online/distance learning shall be permitted to be continued and shall be encouraged.-: 35 :-
43. Prima facie, it appears to us that both the orders do not encourage online training during the period when the schools are ordered to be kept closed. The State Government derived support for passing the order dated 27th June, 2020 from Pragyata Guidelines For Digital Education (for short, "the said Guidelines") issued by the Department of School Education and Literacy, Ministry of Human Resources Development, Government of India. The learned Additional Government Advocate, on our query, clarified that these guidelines were issued on 23rd June, 2020. In fact, we find from the order dated 27th June, 2020 that the embargo/restrictions are copied and pasted from clause 3.1.3 of the said Guidelines. We may also note that the said Guidelines were issued on 23rd June, 2020 and thereafter, there is an order made on 29th June, 2020 under the said Act of 2005 which requires that online learning shall be encouraged.
44. We have perused the said Guidelines. As can be seen from the name, the same are Guidelines. The same do not have force of law so that it could take away or put curbs on the fundamental rights under Articles 21 and 21A. We are not reproducing what is stated in clause 3.1.3 as the same finds place verbatim in the impugned order dated 27th June 2020. However, if some other parts of the -: 36 :- Guidelines are perused, prima facie, it becomes apparent that the intention of the framers of the Guidelines was not to prohibit online education for pre-schools. On the contrary, clause 3.1.5 having heading "Specific Guidelines Related to Preschool, Grades 1 and 2" provides that joyful learning experiences for digital/online learning as is done for face-to-face learning should be planned. It also provides that occasionally brief and casual meetings with the parents and children through video conferencing should be arranged. Clause 5.3 of the Guidelines has heading "Scheduling". It lays down that time schedules for digital programmes may be planned keeping in mind that there may be more than one child in the family and availability of digital gadgets may be limited. It provides that live/ broadcasting and screen time must be level specific with regard to the physical and mental health of the learner. However, each session should not exceed 45 minutes. Further, it provides that live classes will be scheduled on the weekdays only. If the said Guidelines are read as a whole, the same are not intended to put any curbs or any embargo on imparting online training for pre-schools especially when there is a complete ban on running all schools till 31st July 2020.
45. Going back to the order dated 27th June 2020, we find that it seeks to rely upon -: 37 :- three documents. First is the order dated 15th June 2020 which does not impose any embargo on conducting online classes for Classes VI to X. The second document relied upon is the order of this Court dated 26th June 2020 and the third document is PRAGYATA GUIDELINES. The State Government cannot derive support from any of the three documents for passing the order of 27th June 2020. For the sake of completion, we may note that there was a second order passed on 27th June 2020 which corrects the order dated 15th June 2020 which has the effect of adding LKG to Class V in the scope of the Committee appointed under the order dated 15th June 2020. Apart from the fact that prima facie there is no rational basis pointed out to the Court for passing the orders on 15th June 2020 and 27th June 2020 in so far as the same imposes curbs/ban on online education, we are of the view that assuming that both the orders are issued in exercise of the powers under Article 162 of the Constitution of India, the same cannot curtail the fundamental rights conferred by Articles 21 and 21A of the Constitution of India.
46. As the order dated 15th June 2020 is purportedly passed in exercise of the powers under Section 7 of the said Act of 1983 and as the order dated 27th June 2020 is passed in furtherance of the order dated 15th June 2020, it -: 38 :- is necessary to make a reference to the provisions of the said Act of 1983. As noted earlier, except for Sections 5-A, 48, 112-A and 124-A, no other provisions of the said Act of 1983 is applicable to the educational institutions affiliated to or recognized by ICSE or CBSE. As far as Section 5-A is concerned, it is enacted to ensure that every educational institution shall take such measures to ensure safety and security of students including protection from sexual offences, in the manner as may be prescribed.
x x x
50. As per the order dated 29th June 2020, all the schools whether Government or fully aided or otherwise in the State are closed till 31st July 2020. Considering the situation created by the pandemic which exist today, there is not even a reasonable expectation that after 31st July 2020, there will be immediate resumption of normal functioning of the schools. In fact, going by the rights conferred by Articles 21 and 21A of the Constitution of India, the State will be under an obligation to ensure that the students who are not enrolled in the so called 'Elite' schools and especially the schools run by the Government are not deprived of their right to education. In fact, the State Government will have to take appropriate steps to create an infrastructure by which the facility of online education can be extended even to -: 39 :- students in rural areas. The State may consider of using the medium of television for that purpose so that the students at grass root level are not deprived of their right to education. The fact that the State Government is not able to extend the facility of online education to certain categories of schools is no ground to say that even the so called 'Elite' schools should not provide online education."
9. We have heard learned Senior Counsel and learned counsel for the respective parties and learned Additional Government Advocate for the State.
10. During the course of their submissions, it was brought to our notice that the interim order passed by a Co-ordinate Bench of this Court on 08.07.2020 is holding the field, inasmuch as there has been no challenge made to the interim order and infact the State Government has complied with the said Interim Order. They further brought to our notice that the issues raised in these writ petitions pertain to the surge in corona virus Covid-19 cases last year which could be conveniently termed as the first wave i.e. from March 2020 onwards. It is also brought to our notice that, this year between March and June, 2021 there was a severe increase in the Covid-19 cases, which could -: 40 :- be termed as the second wave. Presently there is ebbing of Covid-19 cases in the State. As a result, the State Government is also considering re-opening of the schools physically in a phased manner. Therefore, learned Senior Counsel and other learned counsel for the petitioners submitted that the detailed directions issued by the Co- ordinate Bench of this Court on 08.07.2020 may be confirmed as a final order in these petitions, as the State has not assailed the said directions and in fact they are now being implemented and these writ petitions may be disposed of accordingly.
11. Learned Additional Government Advocate appearing for the State submitted that the detailed interim order passed by this Court on 08.07.2020 is no doubt currently holding the field, as the State has not assailed it before the Apex Court. Presently, there is a shift in the thinking of the State Government, inasmuch as expert opinion is being sought on the reopening of the schools at least in a phased manner. In such an event, even this interim order would lose its efficacy, since there would be appropriate changes effected with the emerging situation and on account of the ebbing in Covid-19 cases. She further submitted that, as and when the situation would -: 41 :- emerge, appropriate decisions would be taken by the State Government, both with regard to physical opening of the schools as well as having online classes for the students. This would be depending upon the circumstances as they emerge and therefore, since the interim directions passed in these petitions are now being implemented, bearing in mind that aspect of the matter, the writ petitions may be disposed. However, the State always has the liberty to issue appropriate Government Orders and take policy decision with regard to reopening of the schools physically and also in respect of online classes. Therefore, learned Additional Government Advocate submitted that appropriate orders may be made in these petitions.
12. The detailed narration made above would not call for reiteration. We have extracted the reliefs sought by the petitioners and we have also referred to the detailed order of the learned Chief Justice and another learned Judge of this Court dated 08.07.2020 and we have also extracted the operative portion of the said interim order.
13. Since, learned Senior Counsel and counsel for the petitioners as well as learned Additional Government Advocate submitted that the interim directions dated -: 42 :- 08.07.2020 are in operation and are holding the field and bearing in mind the fact that the Covid-19 cases are presently reduced and the State is on the verge of taking a policy decision with regard to reopening of schools as well as online education being imparted to students vis-à-vis, the changed circumstances, we find that the interim directions dated 08.07.2020 ought to continue to remain in force until the State decides to take a decision with regard to reopening of the schools physically or evolve a policy decision with regard to online classes in future depending on the number of Covid-19 cases in the State.
14. In the circumstances, we dispose of these appeals by reiterating the directions issued by this Court on 08.07.2020 and also the order passed on the said date and affirm the said directions by way of this final order.
15. It is needless to observe that the State is at liberty to take a decision with regard to the reopening of schools and also the manner in which the online education may be imparted to the students in the schools in the State by seeking expert opinion in that regard and having regard to the threat of corona virus Covid-19 pandemic, -: 43 :- which is still at the horizon, but has not yet completely being eliminated in the State.
The writ petitions are disposed of with the aforesaid directions and observations.
Since we disposing of these writ petitions on the basis of the interim order dated 08.07.2020, and the petitioners have not been heard on merits as such, all contentions on both sides raised in these writ petitions are kept open to be raised in an appropriate case.
No costs.
In view of the disposal of the writ petitions, all pending applications and memos stand disposed.
Sd/-
JUDGE Sd/-
JUDGE AP*