Karnataka High Court
Om Sree Maruthi Seva Trust (R) vs State Of Karnataka on 2 June, 2017
Author: S.Sujatha
Bench: S.Sujatha
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF JUNE, 2017
BEFORE
THE HON'BLE MRS. JUSTICE S.SUJATHA
WRIT PETITION Nos.18403-18404/2017 (EDN-REG-P)
BETWEEN:
OM SREE MARUTHI SEVA TRUST (R),
REPRESENTED BY ITS
MANAGING TRUSTEE,
SRI O.S. NARENDRA MURTHY,
S/O LATE SIDDARAMAIAH,
AGED ABOUT 46 YEARS,
R/AT LAKKENAHALLI,
HOYSALAKATTE POST,
CHIKKANAYAKANAHALLI TALUK,
TUMKUR DISTRICT,
KARNATAKA-572 218. ... PETITIONER
(BY SRI VIJAYAKUMAR.R, ADV.)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS
EDUCATION SECRETARY,
(EDUCATION DEPARTMENT),
VIDHANA SOUDHA,
DR.AMBEDKAR VEEDHI,
BENGALURU-560 001.
2. THE DEPUTY DIRECTOR,
PUBLIC EDUCATION DEPARTMENT,
TUMKUR (SOUTH) DISTRICT-572 218.
2
3. THE BLOCK EDUCATION OFFICER,
GUBBI TALUK,
TUMKUR DISTRICT-572 218.
... RESPONDENTS
(BY SRI NEELAKANTAPPA K.PUJAR, HCGP FOR R1 TO R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE COMMON ENDORSEMENT/ORDER DTD.4.4.2017 ISSUED
BY THE R-3 VIDE ANNEX-E AND CONSEQUENTLY
GRANT/ACCORD PERMISSION TO THE PETITIONER TO START
ENGLISH MEDIUM SCHOOL FOR THE CLASSES NURSERY, LKG
AND UKG FOR THE ACADEMIC YEAR 2017-18 AS PRAYED FOR
IN ANNEX-B AND D.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
The petitioner has called in question the common endorsement/order dated 04.04.2017 issued by respondent No.3 (Annexure-E) to the writ petitions and consequently, grant/accord permission to the petitioner to start English Medium School for the classes Nursery, LKG and UKG for the academic year 2017-2018.
2. The petitioner is a Charitable Trust carrying on charitable activities. One of the object of the petitioner's Trust 3 is to impart education to the needy villagers at Hosakere Village and Hagalawadi Hobli, which do not have any school as of now and also at other such places. In this regard, the petitioner has entered into a lease agreement with the owner of the property situated at Hosakere and Hagalawadi Hobli in order to start the school.
3. The petitioner filed online applications seeking permission to start English Medium School for the classes Nursery, LKG and UKG submitting the relevant documents with requisite fees. The respondent No.3 issued the endorsement/order dated 04.04.2017 (Annexure-E) rejecting the applications filed by the petitioner, which is impugned in these writ petitions.
4. It is the contention of the petitioner that no spot inspection was conducted by the respondents. The inspection report dated 28.03.2017, referred to in the impugned endorsement, is generated by the Authorities, without holding 4 an inspection, no notice was issued to the petitioner before conducting the spot inspection. The endorsement issued at Annexure-E is unilateral decision taken by respondent No.3 much against the Principles of Natural Justice. Accordingly, he seeks for allowing the writ petition, quashing the impugned order at Annexure-E.
5. The learned High Court Government Pleader appearing for the respondents would submit that the endorsement impugned herein is issued by respondent No.3 considering the spot inspection report dated 28.03.2017, which reflects that the proposed schools have no basic infrastructure facilities to grant the permission for running the school. However, the learned counsel is not in a position to establish that notice was issued to the petitioner before the spot inspection.
6. Having regard to the facts and circumstances of the case, it emerges that the arguments advanced at the 5 hands of the learned counsel for the petitioner appears to have some force. It is well established principle that any order passed by the Quasi Judicial Authority without issuing the notice cannot be sustained. The impugned order at Annexure- E is hit by the Principles of natural justice.
7. Hence, Annexure-E is quashed with a direction to respondent No.2 to hold a spot inspection of the proposed schools on 19.06.2017 at 3.00 p.m. at Hosakere Village and on 20.06.2017 at 3.00 p.m. at the Hagalawadi Hobli, Gubbi Taluk, Tumkur District. The petitioner shall be present at the time of the spot inspection, without awaiting for any further notice. After conducting the spot inspection, respondent No.2 shall pass appropriate orders in accordance with law.
The petitions stand disposed of accordingly, Sd/-
JUDGE VM