Karnataka High Court
Rajajinagara Vijaya Education Society vs The State Of Karnataka on 4 June, 2018
Equivalent citations: AIRONLINE 2018 KAR 702
Author: Vineet Kothari
Bench: Vineet Kothari
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 4th DAY OF JUNE 2018
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
WRIT PETITION Nos.23975-976/2018 (EDN-RES)
BETWEEN:
1. RAJAJINAGARA VIJAYA EDUCATION SOCIETY
NO.2908, 2ND STAGE, 2ND MAIN
RAJAJINAGAR, BENGALURU-10
REP. BY ITS SECRETARY
SMT. BHARATHI RAMESH BIRADAR
W/O RAMESH
AGED ABOUT 30 YEARS.
2. R.V. KANNADA HIGHER PRIMARY SCHOOL
NANDINI LAYOUT, J.C. NAGAR
BENGALURU-86
REP. BY ITS SECRETARY
SMT. BHARATHI RAMESH BIRADAR
W/O RAMESH
AGED ABOUT 30 YEARS.
... PETITIONERS
(By Mr. SOMASHEKHARAIAH R.P. ADV.,)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPLE SECRETARY
EDUCATION DEPARTMENT
PRIMARY EDUCATION
M.S. BUILDING, BANGALORE-560 001.
2. THE COMMISSIONER FOR PUBLIC INSTRUCTION
NEW PUBLIC OFFICE
NRUPATUNGA ROAD
BENGALURU-560 001.
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3. THE ADDL. COMMISSIONER
PUBLIC INSTRUCTION
RODDA ROAD
DHARWAD-580 001.
4. THE DY. DIRECTOR (ADM)
PUBLIC INSTRUCTION
VIJAYAPURA-586 101.
5. THE DIRECTOR (PRIMARY EDUCATION)
PUBLIC INSTRUCTION DEPARTMENT
NEW PUBLIC OFFICES
NRUPATHUNGA ROAD
BENGALURU-560 001.
6. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTION DEPARTMENT
(ADMINISTRATION)
KALASIPALYAM, BENGALURU SOUTH DIST
BENGALURU-02.
7. THE BLOCK EDUCATION OFFICER
RAJAJINAGAR, NORTH DIVISION-I
BENGALURU-10.
8. THE BLOCK EDUCATION OFFICER
INDI DIVISION
INDI, VIJAYAPURA DIST-586 209.
... RESPONDENTS
(By Ms. PRAMODHINI KISHAN, AGA)
THESE W.Ps. ARE FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION
DATED 31.3.2018 UNDER ANNEXURE-P FOR SHIFTING OF THE
SCHOOL FROM J.C.NAGAR, NANDININ LAYOUT, BENGALURU-
86 TO HALAGUNIKE VILLAGE, INDI TALUK, VIJAYAPURA DIST
BY CONSIDERING THE RECOMMENDATIONS AND REPORTS
SUBMITTED BY THE RESPONDENT NO.4, 7 & 8 UNDER
ANNEXURE-G DATED 5.5.2017, ANNEXURE-H DATED
17.5.2017, ANNEXURE-J DATED 5.6.2017 AND ANNEXURE-N
DATED 20.02.2018 RESPECTIVELY & ETC.
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THESE W.Ps. COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Mr. R.P.Somashekharaiah, Adv. for Petitioner Ms.Pramodhini Kishan, Adv. for Respondents
1. The petitioner-Rajajinagara Vijaya Education Society, Bangalore, running the 2nd petitioner-School namely, R.V.Kannada Higher Primary School, Nandini Layout, J.C.Nagar, Bangalore, has filed these writ petitions in this Court on 01.06.2018 with the following prayers:-
"(a) Issue writ in the nature of Mandamus directing the respondent no.1 to consider the representation dated 31-3-2018 under Annexure-P for shifting of the school from J.C. Nagar, Nandini Layout, Bengaluru- 86 to Halagunike village, Indi Taluk, Vijayapura District, by considering the recommendations and reports submitted by the Respondent no.4, 7 & 8 under Annexure G dated 5-5-2017, Annexure H dated 17-5-2017, Annexure J dated 5-6-2017 and Annexure N dated 20-2-2018 respectively.
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(b) Issue such other order or direction as may be deemed fit to grant in the circumstances of the case in the ends of justice and equity".
2. Mr.R.P.Somashekharaiah, learned counsel for the petitioners submitted that the Respondents- Authorities of the Education Department should be directed to consider the representation of the petitioner- Institution for shifting of the school from Nandini Layout, J.C.Nagar, Bangalore, to Halagunike village, Indi Taluk, Vijayapura District, which is more than 500 Kms away from the existing premises of the school in a Rural area.
He drew the attention of the Court to Section 41 of the Karnataka Education Act, 1983 r/w Rule 5 of the Karnataka Educational Institutions (Change in the Governing Council or Change in the Location of Private Educational Institutions) Rules, 2006.
3. Ms.Pramodhini Kishan, learned AGA for the Respondents-Authorities, on the other hand, submitted Date of Order 04-06-2018 W.P.Nos.23975-976/2018 Rajajinagara Vijaya Education Society & Anr.
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5/12 that shifting of the school from Bangalore to Vijayapura in a far off place even though in a rural area is not a case of shifting of the school envisaged under Rule-5 of the Rules, 2006 and therefore, the competent authority cannot consider it as a case of shifting only and it is a case of starting of a new school at a different place, for which, the applicant-school can seek fresh recognition u/S.41(5) of the Act, 1983 r/w Rule-5 (5) of the Rules, 2006.
4. Having heard the learned counsels for the parties, this Court is of the opinion that there is a considerable force in the submission made by the learned AGA.
5. Section 41(5) of the Karnataka Education Act, 1983 and Rule-5 of the aforesaid Rules, 2006 are quoted before for ready reference:-
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"41. Management of recognized Educational Institutions:-
1. xxxxxxx
2. xxxxxxx
3. xxxxxxx
4. xxxxxx (5) If there is a change in the Governing Council of the institution or change in the location of the institution of a fresh application for recognition shall be made as if it were a newly started institution.
Rules, 2006.
Rule - 5. Conditions for change in the location of the private educational institutions. - (1) No change in the location of a private educational institution located within the limits of an urban agglomeration, City Corporation, City Municipal Council, Town Municipal Council, Town Panchayat shall be permitted beyond the limits of such urban agglomeration or City Corporation or City Municipal Council or Town Municipal Council or Town Panchayat, as the case may be:
Provided that change in the location of a private educational institution may be permitted Date of Order 04-06-2018 W.P.Nos.23975-976/2018 Rajajinagara Vijaya Education Society & Anr.
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from a place in one Gram Panchayat area, where it is located, to another place either within the same Gram Panchayat area or some other Gram Panchayat area, which does not fall within the limits of any urban agglomeration:
[Provided further that, change in the location of a private educational institution located within the limits of an Urban Agglomeration, City Corporation, City Municipal Council, Town Municipal Council, Town Panchayat may be permitted beyond the limits of such Urban Agglomeration or City Corporation or City Municipal Council or Town Municipal Council or Town Panchayat, as the case may be, to a rural area].
(2) Change of location shall be permitted by the Competent Authority only if the governing Council has provided all the facilities prescribed at the new location.
(3) Ordinarily, change in the location of the institution shall not be permitted more than once.
(4) The governing Council shall ensure that no inconvenience is caused to the students in case change in location is permitted.
(5) If the Competent Authority permits change in the location, a fresh application for Date of Order 04-06-2018 W.P.Nos.23975-976/2018 Rajajinagara Vijaya Education Society & Anr.
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6. A bare reading of the said statutory provisions would reveal that the shifting of the school premises is envisaged to be normally within the territorial limits of the same urban agglomeration or the City Corporation area and in exceptional case, such shifting from one Gram Panchayath to another and to another rural area, adjacent or in a nearby place to a City Corporation area can be permitted, ensuring that change of such location of the Institution shall not cause any inconvenience to the students by change of the location of the school in question and all facilities are provided at the new place also.
7. The whole burden and purport of this Rule is to allow the competent authority to consider the case of shifting of the School or Educational Institutions in question, which has been recognized by the State Date of Order 04-06-2018 W.P.Nos.23975-976/2018 Rajajinagara Vijaya Education Society & Anr.
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9/12 Government, is to ensure that such shifting is within the territorial jurisdiction of such authority or the territorial limits of the City Corporation concerned or to the extended Rural area, which are contiguous or adjacent to such City Corporation territorial limits. The said Rule cannot be stretched or extended to apply to the case of shifting of a School or Educational Institutions from one District to another District area far away from the place like in the present case from Bangalore to Vijayapura, which is more than 500 Kms from the existing school. Such shifting will amount to change of location, for which the petitioner - Institution has to be de-recognized at the existing place and can apply for a fresh recognition for the new place, subject to fulfillment of the conditions by them namely, providing of infrastructure and admission of sufficient students etc., Date of Order 04-06-2018 W.P.Nos.23975-976/2018 Rajajinagara Vijaya Education Society & Anr.
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8. Since in the present case, the petitioner- Institution has sought for a direction to the Respondents-authorities to consider its representation for shifting of the school from Bangalore to Vijayapura, the same does not fall within the parameters, ambit and scope of Rule-5(5) of Rules, 2006 and no such mandamus direction can be issued by this Court to the competent authority.
9. It is not a case of shifting of location of school in question within the parameters of Rule-5, but closing of a set up at one place and opening of a new school at the place falling within the jurisdiction of another competent authority.
10. It may be noticed that Proviso of Rule-5 inserted in the Statute Book by Notification No.ED 3 PGC 2008 dated 02-07-2008 w.e.f. 4-7-2008 is not happily worded and it permits shifting of a private Educational Institutions located within the limits of City Date of Order 04-06-2018 W.P.Nos.23975-976/2018 Rajajinagara Vijaya Education Society & Anr.
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11. Shifting of the school from Nandini Layout, J.C.Nagar, Bangalore, to Halagunike Village, Indi Taluk, Vijayapura, as prayed in the present case is not a case failing within the ambit and scope of aforesaid Proviso of Rule-5(5) of the Rules, 2006. Therefore, the representation of the petitioner-Institution in the aforesaid context is misconceived and the same cannot be entertained by the Respondents-Authority to decide the case of shifting of Educational Institution.
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12. The writ petitions are therefore liable to be dismissed and the same are accordingly dismissed.
No costs.
Sd/-
JUDGE Srl.