South Central India Union vs The Govt Of Karnataka on 11 February, 2016

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Karnataka High Court

South Central India Union vs The Govt Of Karnataka on 11 February, 2016

Bench: A.S.Bopanna

                            -1-



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 11TH DAY OF FEBRUARY 2016

                          BEFORE

         THE HON'BLE MR.JUSTICE A.S.BOPANNA

          WRIT PETITION NO.5964/2016 (EDN-EX)

BETWEEN:

1.     South Central India Union,
       of S.D.A, No.98, Spencer Road,
       Frazer Town, Bangalore 560 005,
       Rep.by authorized signatory
       Sri.Jayashankar.

2.     Master Justin Josh,
       S/o Sri.Jayashanker,
       Aged 17 years,
       R/o No.37, 2nd Cross,
       Hutchins Road,
       Bangalore 560 084.
       Since minor represented through
       His natural guardian - father,
       Sri.Jayashanker.                       ... Petitioners

(By Sri.R.A.Devanand, Advocate)

AND:

1.     The Govt.of Karnataka,
       Represented through Under Secretary,
       Department of Education,
       Vidhana Soudha,
       Bangalore 560 001.

2.     The Director,
       Department of Pre-University Education,
                                  -2-



      Sampige Road, 18th Cross,
      Malleswaram,
      Bangalore 560 003.                        ... Respondents

(By Sri.I.Tharanath Poojary, AGA)

       This Writ Petition is filed under Articles 226 and 227
of the Constitution of India praying to direct the respondents
to take such other steps to facilitate the Seventh Day
Adventist Group of students from taking up subjects
scheduled on 12.3.2016 and 26.3.2016 at Annex-B
respectively by rescheduling the same to any other day of the
week to facilitate the said group of denominations of
Christians to write examination by issuing a revised
time-table.

      This Writ Petition on for Preliminary Hearing this day,
the Court made the following:


                                ORDER

The learned Government Advocate to accept notice for respondents No.1 and 2 and file memo of appearance in four weeks.

2. The petitioners are before this Court seeking issue of mandamus to direct the respondents to take steps to facilitate the Seventh Day Adventist Group of students from taking up the subjects scheduled on 12.3.2016 and 26.3.2016 on a different day to be rescheduled by the respondents. The grievance of the petitioners is that the -3- students, who belong to the Seventh Day Adventist denomination observe the Saturday as 'Sabbath Day' and on the said day it would be difficult for them to engage in any other activities. The examinations, which are scheduled on 12.3.2016 and 26.3.2016 are Saturdays and, therefore, they have sought that the same be rescheduled.

3. The learned counsel for the petitioners in support of the contention would rely on the decision of the High Court of Kerala, dated 14.3.2008 in W.P.No.8647/2008, wherein a direction had been issued to consider the grievance of a similar nature, which had been put forth therein.

4. Though such contention is put forth and the petitioners have sought for issue of mandamus to consider the representation, in a matter of the present case, I am of the opinion that when large number of students are appearing for the said examination and a small group have presently approached after the time table has been finalized, it is not an appropriate case where a mandamus is required to be issued in the manner in which it has been sought. -4- However, if in future prior to the finalization of the time table, if the petitioners approach the respondents with such request, the respondents would look into the same to assess the feasibility as to whether they could be accommodated and an appropriate decision may be taken in that regard.

With the said observation, the petition stands disposed of.

Sd/-

JUDGE nd/-

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