Karnataka High Court
St Thomas English Medium School vs The State Of Karnataka on 17 February, 2020
Author: P.B.Bajanthri
Bench: P.B. Bajanthri
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2020
BEFORE
THE HON'BLE MR.JUSTICE P.B. BAJANTHRI
WRIT PETITION NO.41647/2017 (EDN - RES)
BETWEEN:
St.Thomas English Medium School,
Melur NO.244/2, Melur P.O.,
Vijayapura-Siddlaghatta Road,
Chikkaballapura District,
Karnataka.
Ph:081-58290095
Corporate Office No.08025282890
Email:[email protected]
Under the management of
Thippasandra Oxford Educational Society (Regd)
Certificate of Registration No.S 428/86-87
Recognized by Govt. of Karnataka No. Ed
66PGC 93, ED 1066 SES 94&ED 622 SEW 96
32, Church Road, New Thippasandra,
Bangalore-560075.
Represented by its
Secretary/Correspondent
Dr.M.C.Thomas ... Petitioner
(By Sri.H.P.Mudlappa, Advocate(absent))
AND:
1. The State of Karnataka
By its Educational Secretary-II,
Primary and High School,
M.S. Building,
2
Bangalore-560001.
2. Smt. Soujanya, IAS,
Commissioner for Public Instruction,
New Public Offices, Bangalore-560001.
3. The Director of High School Section,
Office of the Commissioner for
Public Instruction, New Public Offices,
Bangalore-560001.
4. The Director,
Karnataka SSLC Examinations Board,
Malleshwaram,
Bangalore-560003. ...
Respondents
(By Smt.Pramodhini Kishan, AGA for R1 to R4;)
This Writ Petition is filed under Articles 226 and
227 of the Constitution of India praying to quash the
memo dated 03.06.2017 at Annexure-G by issue of writ
of certiorari or order or any other appropriate writ to the
respondents in so far as it relates to direct the
petitioner-educational society to produce conversion
certificate in respect of one acre of land since one and a
half acres and already is in possession and enjoyment of
the petitioner-Educational Society and the petitioner-
Educational Society had constructed school building
premises on 27.09.2006 at Annexure-A nearly more
than one decades ago since the said land came within
the jurisdiction of the then Mandala Panchayath now
called as Gram Panchayath of Melur-Sidhalghatta
Town. and etc.,
This Writ Petition coming on for Further
consideration this day, the Court made the following:-
3
ORDER
In the present petition, the petitioner has sought for the following reliefs:
a) " Call for connected records pertaining to St. Thomas English Medium Primary and High School at Melur, Sidlaghatta Taluk, Chikkaballapura District from the year 2005-
06 onwards till date becuase of non-issue of english medium permission well-in-time, the petitioner - educational society is obliged to approach this Hon'ble court for interim relief to submit the application of std., x to sit for SSLC examination in March / April 2018 ;
b) Quash the memo dated 03.06.2017 at Annex- G by issue of writ of certiorari or order or any other appropriate writ to the respondents in so far as it relates to direct the petitioner - Educational Society to produce conversion certificate in respect of 1 acre of land since one and a half acres and already is in possession and enjoyment of the petitioner-Educational Society and the petitioner - Educational Society had constructed school building premises on 27.9.2006 at Annex-A nearly more than one decades ago since the said 4 land came within the jurisdiction of the then Mandala Panchayath now called as Gram Panchayath of Melur - Sidhalghatta Town;
c) Issue a writ in nature of mandamus or direction or any other appropriate writ to the respondents directing them to consider Annex- E, published In Prajavani dated nil, Annex-F dated 20.6.2016 issued by the Under Secretary; Education Dept. (Primary Education), at Annex-G dated 3.6.2017 issued by R-2 & 3 not to insist for production of conversion certificate of 1 acre of agricultural land since there is already one and a half acres of land within its jurisdiction of the then Mandala Panchayath now called as Gram Panchayath land came under the jurisdiction of Gram Panchayath which is not an agricultural land whereas the said land coming under non-agricultural land wherein the entire school buildings - premises had constructed one decades ago, grant of English Medium Permission for Std. 9 & 10 since the Dept. of Education has granted english medium permission for Std., 1 to 8 under natural growth scheme - Std. 9 & 10 are also entitled for grant of english medium permission under natural growth and not to 5 insist once again for conversion since the land in question was not an agriculture land but it came within the jurisdiction of Town Panchayath Limit as per the approved plan by the them Gram Panchayath on 27.9.2006 and consider Annex-H respectively dated 16.8.2017 to process the file pending to submit proposals - Prastavane to accord permission of english medium Std. 9 & 10 under natural growth permitting the 22 students to sit for forth coming SSLC examination from March - April 2018 onwards;
d) Consider the detailed representation made in annex-h dated 16.8.2017 submitted to all the respondents by the petitioner - educational society to accord permission in english medium for Std. 9 & 10 respectively, since english medium permission has already granted from Std., 1 to 8 in view of the several high court orders referred to above supreme court final order dated 12.9.2014 since all the respondents are well aware of the said orders;
2. None appears for the petitioner.
63. Perusal of the prayer sought in the present petition is not supported by any legal or statutory right so as to entertain the present petition. Consequently, the writ petition stands dismissed. However, by virtue of interim order, students of the petitioner's school were permitted to participate in the 10th Standard examination, who are stated to have been written the examination.
4. Concerned Authority is hereby directed to announce the result of the petitioner and complete the process if it is not completed as on this day.
With these observations, the petition stands disposed of.
Sd/-
JUDGE SB.