Gda Foundation vs State Of Karnataka on 17 January, 2020

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Karnataka High Court

Gda Foundation vs State Of Karnataka on 17 January, 2020

Bench: P. B. Bajanthri

                            1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 17TH DAY OF JANUARY, 2020

                        BEFORE

       THE HON'BLE MR. JUSTICE P. B. BAJANTHRI

     WRIT PETITION NO. 3516 OF 2018 (EDN-RES)

Between:

GDA Foundation
A Registered Trust
This Trust has established and its administering:
'Surana Vidyalaya'
At:CA-471, 1st Phase,
Suryanagar, Chandapura
Karnataka Housing Board,
Anekal Taluk,
Bangalore-560 099
Represented by
the School Principal
Sri Sandeep Pai
Aged about 32 years
                                              ...Petitioner
(By Sri.Dhananjay.K.V, Advocate)

And:

1.     State of Karnataka
       Represented by
       Principal Secretary
       Department of Education
       (Primary and Secondary School Education)
       Vidhana Soudha
       Bangalore-560 001
                            2

2.   Commissioner of Public Instruction
     Department of Education
     (Primary and Secondary School Education)
     Government of Karnataka
     Nrupathunga Road
     KR Circle
     Bangalore-560 01.

3.   Block Education Officer
     Bangalore South Zone
     Department of Public Instruction
     Government of Karnataka
     Anekal Taluk
     Bangalore-562 106

4.   National Commissioner for Minority
     Educational Instructions
     Represented by its Deputy Secretary
     Government of India
     Gate No.4, 1st Floor,
     Jeevan Tara Building
     5, Sansad Marg,
     Patel Chowk
     New Delhi 110 001.
                                         ...Respondents
(By Sri.Pramodhini Kishan, AGA for R1 to R3
    Sri.Chennakeshava.B.S., Advocate for R4 )

      This Writ Petition is filed under Articles 226 and
227 of Constitution of India praying to direct the
respondent No.4 National Commissioner for Minoirty
Eductional Institutions to process the application made
by the petitioner to IT (Annexure-C) and pending the
same, to restrain R-2 and 3 from implementing Section
12(1) (c) of Right of Children to Free and Compulsory
Education Act, 2009 in respect of the petitioner
educational institution, 'Surana Vidyalaya'.
                              3

      This Writ Petition coming on for Preliminary
Hearing in 'B' Group this day, the Court made the
following:-

                          ORDER

None appears for the petitioner.

2. The petitioner has sought for the following reliefs;

"a) Issue a writ of mandamus by directing the 4th Respondent, National Commission for Minority Educational Institutions to process the application made by the petitioner to it (Annexure C) and pending the same, to restrain respondents 2 and

3 from implementing Section 12(1)(c) of the Right to Children to Free and Compulsory Education Act, 2009 in respect of the petitioner educational institution, 'Surana Vidyalaya.

b) To pass any other order or to issue any direction as may be deemed expedient in the facts and circumstances of the case."

2. In the present petition, there is total inaction on the part of the respondent No.4 in not taking decision on the petitioner's application. Therefore, respondent 4 No.4 is hereby directed to take decision on the petitioner's application within a period of two months from the date of receipt of copy of this order. In the event of accepting or rejecting the petitioner's application, necessary orders shall be passed by the respondent No.4 and communicate the decision to the petitioner at the earliest.

In view of the above, the petition stands disposed of.

Sd/-

JUDGE SB

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