Karnataka High Court
Baldwin Methodist Educational Society vs Karnataka State Commission on 29 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:29774
WP No. 25794 of 2018
C/W WP No. 25987 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 25794 OF 2018 (EDN-RES)
C/W
WRIT PETITION NO. 25987 OF 2018 (EDN-RES)
IN WP NO. 25794/2018
BETWEEN:
1. BALDWIN METHODIST EDUCATIONAL SOCIETY,
NO.13, CONVENT ROAD,
BENGALURU - 560 025,
REPRESENTED BY ITS VICE CHAIRMAN
MR. MATHEW GEORGE M,
S/O GEORGE M.M,
AGED ABOUT 47 YEARS.
2. BALDWIN GIRLS HIGH SCHOOL,
90, RICHMOND ROAD, LANGFORD GARDENS
BENGALURU - 560 025,
Digitally
signed by REPRESENTED BY PRINCIPAL
YAMUNA K L MRS. PHEBE SHEELA RANI,
Location: W/O MR. E. ASHITH,
High Court of AGED ABOUT 57 YEARS,
Karnataka
3. BALDWIN BOYS HIGH SCHOOL,
14, HOSUR ROAD, RICHMOND TOWN
BENGALURU - 560 025,
REPRESENTED BY PRINCIPAL,
MR. ANTHONY D'SOUZA,
S/O MR. DAVID D'SOUZA,
AGED ABOUT 57 YEARS,
4. BALDWIN CO-EDUCATION EXTENSION
HIGH SCHOOL, 2ND CROSS, 10TH MAIN,
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WP No. 25794 of 2018
C/W WP No. 25987 of 2018
5TH STAGE, BEML LAYOUT,
RAJARAJESWARI NAGAR,
BENGALURU - 560 098.
REPRESENTED BY PRINCIPAL
MR. VIJAYKUMAR KOUJALGI,
S/O Y.L. KOUJALGI,
AGED ABOUT 57 YEARS.
...PETITIONERS
(BY SRI. K.N. PANINDRA, SENIOR COUNSEL FOR
SMT. FARAH FSTHIMA, ADVOCATE)
AND:
1. KARNATAKA STATE COMMISSION
FOR PROTECTION OF CHILD RIGHTS,
O/A 4TH FLOOR, KRISHI BHAVAN,
NRUPATUNGA ROAD,
RANI CHENNAMMA CIRCLE,
BENGALURU - 560 002,
REPRESENTED BY CHAIRPERSON.
2. THE COMMISSIONER
(APPOINTED BY KARNATAKA STATE COMMISSION FOR
PROTECTION OF CHILD RIGHTS)
O/A 4TH FLOOR, KRISHI BHAVAN,
NRUPATUNGA ROAD, RANI CHENNAMMA CIRCLE,
BENGALURU - 560 002,
REPRESENTED BY ITS
COMMISSIONER / CHAIRPERSON.
3. MR. MURALI K,
FATHERS NAME NOT KNOWN TO PETITIONERS
AGE MAJOR,
R/O NO.5, TOP FLOOR,
EVEREST ENCLAVE, NEAR BUS STOP,
BEML LAYOUT, 5TH STAGE,
RAJARAJESWARINAGAR
BENGALURU - 560 098.
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WP No. 25794 of 2018
C/W WP No. 25987 of 2018
4. DDPI (SOUTH),
DISPENSARY ROAD,
OPPOSITE TO KIMS HOSPITAL,
KALASIPALYAM, BENGALURU - 02.
5. B.E.O (SOUTH-1),
PUBLIC EDUCATION DEPARTMENT,
MASTI RANGAMANDIR BUILDING,
SHANKARMUTT ROAD,
SHANKARAPURAM, BENGALURU - 560 004.
6. B.E.O (SOUTH-3),
PUBLIC ECUCATION DEPARTMENT,
SOUTH RANGE NO.3,
9TH MAIN, BTM LAYOUT,
1ST STAGE, BENGALURU - 560 029.
7. COUNCIL FOR THE INDIAN
SCHOOL CERTIFICATE EXAMINATION,
HAVING ITS REGISTERED OFFICE AT
PRAGATI HOUSE, 3RD FLOOR,
47-48, NEHARU PLACE,
NEW DELHI - 110 019,
REPRESENTED BY ITS
CHIEF EXECUTIVE AND SECRETARY
...RESPONDENTS
(BY SMT. GEETHA M, ADVOCATE FOR R1 AND R2;
SRI. PRADEEP NAYAK, ADVOCATE FOR R3;
SMT. SAVITHRAMMA, AGA FOR R6;
SRI. P.B. APPAIAH, ADVOCATE FOR R7)
THIS WP FILED IS UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
11.6.2018 PASSED BY R-1 AS HIGHLY ARBITRARY ILLEGAL AND
GROSS VIOLATION OF ARTICLE 14, 19(1)(g) 21 AND 30(1) OF THE
CONSTITUTION OF INDIA AT ANEX-A;
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WP No. 25794 of 2018
C/W WP No. 25987 of 2018
IN WP NO. 25987/2018
BETWEEN:
1. BALDWIN METHODIST EDUCATIONAL SOCIETY,
NO.13, CONVENT ROAD,
BENGALURU - 560 025,
REPRESENTED BY ITS VICE CHAIRMAN
REV. DAVID NATHANIEL,
S/O MR. NATHANIEL,
AGED ABOUT 53 YEARS.
2. BALDWIN GIRLS HIGH SCHOOL,
90, RICHMOND ROAD, LANGFORD GARDENS
BENGALURU - 560 025,
REPRESENTED BY PRINCIPAL
MRS. PHEBE SHEELA RANI,
W/O MR. E. ASHITH,
AGED ABOUT 57 YEARS,
3. BALDWIN BOYS HIGH SCHOOL,
14, HOSUR ROAD, RICHMOND TOWN
BENGALURU - 560 025,
REPRESENTED BY PRINCIPAL,
MR. ANTHONY D'SOUZA,
S/O MR. DAVID D'SOUZA,
AGED ABOUT 57 YEARS,
4. BALDWIN CO-EDUCATION EXTENSION
HIGH SCHOOL, 2ND CROSS, 10TH MAIN,
5TH STAGE, BEML LAYOUT,
RAJARAJESWARI NAGAR,
BENGALURU - 560 098.
REPRESENTED BY PRINCIPAL
MR. VIJAYKUMAR KOUJALGI,
S/O Y.L. KOUJALGI,
AGED ABOUT 57 YEARS.
...PETITIONERS
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WP No. 25794 of 2018
C/W WP No. 25987 of 2018
(BY SRI. K.N. PANINDRA, SENIOR COUNSEL FOR
SMT. FARAH FSTHIMA, ADVOCATE)
AND:
1. KARNATAKA STATE COMMISSION
FOR PROTECTION OF CHILD RIGHTS,
O/A 4TH FLOOR,
KRISHI BHAVAN,
NRUPATUNGA ROAD,
RANI CHENNAMMA CIRCLE,
BENGALURU - 560 002,
REPRESENTED BY CHAIRPERSON.
2. THE COMMISSIONER
(APPOINTED BY KARNATAKA STATE COMMISSION FOR
PROTECTION OF CHILD RIGHTS)
O/A 4TH FLOOR,
KRISHI BHAVAN,
NRUPATUNGA ROAD,
RANI CHENNAMMA CIRCLE,
BENGALURU - 560 002,
REPRESENTED BY ITS
COMMISSIONER / CHAIRPERSON.
3. MR. MURALI K,
FATHERS NAME NOT KNOWN TO PETITIONERS
AGE MAJOR,
R/O NO.5, TOP FLOOR,
EVEREST ENCLAVE,
NEAR BUS STOP,
BEML LAYOUT, 5TH STAGE,
RAJARAJESWARINAGAR
BENGALURU - 560 098.
4. DDPI (SOUTH),
DISPENSARY ROAD,
OPPOSITE TO KIMS HOSPITAL,
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WP No. 25794 of 2018
C/W WP No. 25987 of 2018
KALASIPALYAM, BENGALURU - 02.
5. B.E.O (SOUTH-1),
PUBLIC EDUCATION DEPARTMENT,
MASTI RANGAMANDIR BUILDING,
SHANKARMUTT ROAD,
SHANKARAPURAM, BENGALURU - 560 004.
6. B.E.O (SOUTH-3),
PUBLIC ECUCATION DEPARTMENT,
SOUTH RANGE NO.3,
9TH MAIN, BTM LAYOUT,
1ST STAGE, BENGALURU - 560 029.
7. COUNCIL FOR THE INDIAN
SCHOOL CERTIFICATE EXAMINATION,
HAVING ITS REGISTERED OFFICE AT
PRAGATI HOUSE, 3RD FLOOR,
47-48, NEHARU PLACE,
NEW DELHI - 110 019,
REPRESENTED BY ITS
CHIEF EXECUTIVE AND SECRETARY
...RESPONDENTS
(BY SMT. GEETHA M, ADVOCATE FOR R1 AND R2;
SRI. PRADEEP NAYAK, ADVOCATE FOR R3;
SMT. SAVITHRAMMA, AGA FOR R4 TO R6;
SRI. P.B. APPAIAH, ADVOCATE FOR R7)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
15.6.2018 PASSED BY R-1 AS HIGHLY ARBITRARY ILLEGAL AND
GROSS VIOLATION OF ARTICLE 14, 19(1)(g) 21 AND 30(1) OF THE
CONSTITUTION OF INDIA AT ANEX-A AND ETC.,
THESE PETITIONS, COMING ON FOR HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
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WP No. 25794 of 2018
C/W WP No. 25987 of 2018
ORAL ORDER
In WP.No.25794/2018, petitioners are seeking for the following reliefs:
"i. Issue writ in the nature of Certiorari or any other appropriate writ, order or direction quashing the order dated 11.06.2018 bearing No. KSCPCR/922/05- 2018 passed by Respondent No.1 as highly arbitrary illegal and gross violation of Article 14, 19(1)(g), 21 and 30(1) of the Constitution of India. Annexure A. ii. Issue writ in the nature of Certiorari or any other appropriate writ, order or direction quashing the complaint dated 29.04.2018 by Respondent No.3 as highly arbitrary illegal and abuse of process of law. Annexure B. iii. Issue writ in the nature of Mandamus or any other appropriate writ, order or direction declaring the action of Respondents in initiating proceedings against the petitioners without providing a entire copy of the complaint and expeditiously winding up the proceedings without giving sufficient opportunity to petitioner is not only highly arbitrary illegal and gross violation of principals of natural justice but also without authority of law.
iv. Direct the respondents to pay the costs of this petition and grant such other and further reliefs as are just."
In WP.No.25987/2018, petitioners are seeking for the following reliefs:
-8-NC: 2024:KHC:29774 WP No. 25794 of 2018 C/W WP No. 25987 of 2018 "i. Issue writ in the nature of Certiorari or any other appropriate writ, order or direction quashing the order dated 15.06.2018 bearing No.KSCPCR/922/05-
2018 passed by Respondent No.1 as highly arbitrary illegal and gross violation of Article 14, 19(1)(g), 21 and 30 (1) of the Constitution of India. Annexure A. ii. Issue writ in the nature of Mandamus or any other appropriate writ, order or direction declaring the action of Respondent No.1 refusing to permit the legal representative to represent Petitioners and thereby passing impugned order directing the Respondents No.4 to withdraw the 'No Objections' certificate issued to Petitioners School immediately forthwith and inform ICSE Board is not only highly arbitrary illegal and gross violation of principals of natural justice but also without authority of law. Annexure A. iii. Direct the respondents to pay the costs of this petition an grant such other and further reliefs as are just."
2. Heard learned Senior counsel for the petitioners and learned counsel for the respondent No.3 and learned AGA for respondent Nos.4 to 6 as well as learned Counsel for the remaining respondents and perused the material on record.
3. Learned Senior counsel for the petitioners would reiterating various contentions urged in the petition and submits that the impugned orders are illegal, arbitrary and violative of -9- NC: 2024:KHC:29774 WP No. 25794 of 2018 C/W WP No. 25987 of 2018 principles of natural justice and contrary to law and the material on record and the same deserves to be quashed.
4. Per contra, learned counsel for respondent No.3 submits that Sri. Murali K, who was the original complainant pursuant to whose complaint, dated 29.04.2018, the impugned orders came to be passed on instructions submits that his child, who was studying in the petitioner institution at the time of respondent No.3 giving the complaint has subsequently completed the course and has successfully passed the ICSE Examination, respondent No.3 does not intend to continue to press the said complaint dated 29.04.2018 any further.
5. In view of the aforesaid facts and circumstances and the specific submission made on behalf of the original complainant Sri. K.Murali that he would not press/prosecute his complaint dated 29.04.2018 and since the impugned orders are passed against the petitioners pursuant to the aforesaid complaint, which is now sought to be withdrawn, nothing further survives in the present petition and the same deserves to be disposed of setting aside the impugned order at Annexure-A, dated 11.06.2018 in
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6. In the result, I pass the following:
ORDER
i) WP.No.25794/2018 and WP.No.25987/2018 are hereby allowed.
ii) Annexure-A, dated 11.06.2018 in WP.No.25794/2018 and Annexure-A, dated 15.06.2018 in WP.No.25987/2018 are hereby set aside.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE PHM List No.: 1 Sl No.: 59 CT: BHK